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Paternity is the legal process used to establish. When a couple is not married, the court will not issue orders for child support, timesharing or visitation rights until paternity is established. A child born to a couple during the marriage will have certain legal rights.
When children were born during the marriage, there is a presumption that the children are the children of the couple. When a child is born and the parents are not married, both parties face important challenges when their relationship deteriorates. The mother can limit a father’s access to the child before there is a court order establishing paternity, and the mother may have difficulties getting child support from the father until there is an order of the court establishing child support.
Mothers should be aware that a delay in the institution of a paternity action could result in a loss of child support payments. Section 61.30 (17) of the Florida Statutes expressly provides that the initial award of alimony will only be retroactive to the date when the parents do not reside in the same household; the retroactive date cannot exceed 24 months prior to the presentation of the petition.
We can help both mothers and fathers with the process of establishing paternity. It is important for parents to know that until there is a court order establishing paternity, the father’s access to the child can be hindered.
For Spanish, please visit us at: Paternidad
Dana Pechersky is serving clients as a family law attorney in Broward and Miami-Dade counties, including Weston, Pembroke Pines, Plantation, Davie, Tamarac, Fort Lauderdale, Oakland Park, Lauderhill, Coconut Creek, Dania, Deerfield Beach, Everglades Parkway, Hallandale, Hollywood, Lauderdale Lakes, Pompano Beach, Miramar, Southwest Ranches, West Park, Miami Gardens, Hialeah, Coral Gables, Aventura, Miami Beach, North Miami Beach, Bal Harbour, Sunny Isles, Bay Harbor Islands, Biscayne Park, Doral, Key Biscayne, Miami Shores, Miami Lakes, Miami Springs, North Bay Village, Surfside, and Miami.
by Dana Pechersky