Jacksonville Paternity Lawyer

When a woman gives birth, the state automatically assumes that she is the baby’s biological mother. If she is married, the state assumes that the husband is the child’s biological father. When parents are not married or one of them has doubt regarding the child’s biological father, they must establish paternity.

As a family law attorney with over 24 years of experience, I can help you. When you work with me at the Law Office of A. James Mullaney, you can expect knowledgeable guidance, excellent communication and a commitment to finding mutually satisfactory solutions calmly.

Legal Paternity For Unmarried Or Nonbiological Parents

A paternity action takes place when a child is born to parents who are not married. A paternity case commonly arises in the following ways:

• By a mother seeking child support from the father.
• By a father trying to establish visitation with the child.

When a child is born to unmarried parents, the mother, by statute, is the guardian of the child. Basically, a father has no rights even if his name appears on the birth certificate. In fact, with a few exceptions, an unmarried mother can give her child up for adoption without the biological father’s knowledge or consent.

A father must be declared by the court to have any rights (i.e., custody or visitation) or obligations (i.e., child support) regarding the child. If either parent has any question as to whether the father is the actual biological father, a DNA paternity test must be requested and ordered by the court. If both parents agree that the father is the biological father, then no test is needed.

Guidance From An Experienced Jacksonville Paternity Lawyer

Establishing paternity in Florida is a crucial step for parents to define their legal rights and responsibilities. After establishing paternity, either by mutual agreement or a positive DNA test, it opens the door to addressing two primary issues:

• Time-sharing: Often referred to as visitation, this determines how parents will divide their time with the child. A detailed parenting plan is typically developed to outline the time-sharing schedule, including holidays and special occasions.
• Child support: Ensures that the child’s financial needs are met. The court calculates the amount based on state guidelines, which consider factors like each parent’s income, the number of overnight stays and any special needs of the child.

Establishing paternity is not only vital for addressing these issues but also for securing a child’s right to benefits such as health insurance, inheritance and access to medical history. Additionally, paternity can impact other family law matters, such as custody disputes, making it essential to seek guidance from an experienced Jacksonville paternity attorney who can advocate for the best interests of both the parent and child.

Enforce Your Rights With The Help Of A Jacksonville Paternity Lawyer

If a paternity case has been filed against you, or if you would like to start a paternity case, you should consult with a Jacksonville paternity lawyer. You will find capable legal counsel with me at the Law Office of A. James Mullaney. Please call 904-364-4565 or send me an email to schedule a consultation.