How Does Not Having A Father Listed On The Birth Certificate Impact A Paternity Case?
Being listed on the birth certificate as the father is helpful but is not legal proof of anything. If the mom is going to contest the paternity in Florida, then there is going to be a DNA test and that DNA test is going to say whether you are the father or not. A consequence of filing a paternity case is that at the end of the case, if you are not on the birth certificate, there will be a court order that you be added to the birth certificate as the father. Anyone else who was listed will be removed.
If The Father Has Not Been Paying Child Support Does That Help My Paternity Case?
In Florida, time-sharing and child support are related but one cannot be used to prevent the other. If you are the person who is supposed to be paying child support, being current on child support makes you look better to the court, when it comes to you asking for time-sharing or custody of your children. On the other hand, if you are not paying child support and you’re supposed to be paying child support, the court is not going to look favorably on you. However, the mere fact that you are not paying child support is not a reason for the court to prohibit you from spending time with your children.
Will The Father Automatically Be Ordered To Pay Child Support Once Paternity Is Established?
Once paternity is established, there will be a child support order. The court will look at the net incomes of both parents to calculate child support, which will then become due. As far as back support, the court can look back up to two years to collect child support, since paternity is in a court of equity. If you are the father, you were legitimately not aware that you were the father, and you can show that the mom was somehow not telling you that you were the father, then you can make the argument that you should not have to pay any back child support.
When Should A Mother Of A Child Born Out Of Wedlock File A Petition To Establish Paternity?
When a child is born out of wedlock, the mother starts out with 100 percent rights to the child. When the mother decides to go to court for paternity, the primary reason is that she wants to start collecting child support. An additional aspect of going to court to get that child support started is you are now going to be obligated to share that child with the father. If the mom wants child support, she should go to court as soon as the child is born.
Will Child Related Disputes Between Non-Married Parents Normally Be Handled In The Same Way As If It Were A Divorced Married Couple?
With the exception of the fact that when you are married, both parents have rights to the children and in a paternity case, mom has 100 percent rights to the child, everything is handled exactly the same. The standard the court is always going to be looking at is what is in the best interests of the child.
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