Paternity

A paternity action takes place when two individuals have a child(ren) together without being married.  An action with a child9ren) born out-of-wedlock is controlled by Florida Statute 742.  when a child is born out-of-wedlock, the mother, by statute, is the guardian of the child(ren).  Essentially, a father has no rights even if his name or his last name appears on the birth certificate.  A father must be adjudicated the father legally to have any rights (i.e. custody or visitation) regarding the child(ren).  Additionally, if there is any question as to whether or not the child(ren) are in fact the biological child(ren) of the father, the father must request a DNA test before being adjudicated the father.

1. Child Custody and Visitation
   
   In most cases parents will share custody and will be jointly responsible for ensuring that major decisions affecting the welfare of the child will be determined jointly.  One parent may be the Primary Custodial Parent, meaning that parent’s home will be the primary residence of the child.  The other parent is then the Secondary Custodial Parent and normally would be ensured frequent and continuing contact with the child.  When the parents can’t agree on who should have primary custody, the court will order a child custody evaluation. 
   
   The child custody evaluator will be a person jointly agreed on by the judge and both parties, and who is recognized by the judge and the attorneys for both parties as someone whose training and background make them uniquely able to help the court determine which parent would be best suited to have primary custody.  Both parties will share the cost of the evaluator unless ordered otherwise.  For more detailed information about what’s involved in a child custody evaluation, click here.
   
   In today’s Paternity proceedings, both mother and father are given the same consideration in determining custody regardless of the children’s age or sex.  Because of historical experiences, there is a public perception that the mother has automatic custody unless she is judged to be unfit.  This is no longer true.  The father has an equal opportunity to gain primary custody, depending on the unique aspects of the case and on the best interests of the children.
   
   If the court determines that shared parental custody would not be in the best interests of the child, then one parent may be given sole parental responsibility and custody.  Grandparents’ visitation rights may also become an issue to be determined by the courts, according to the unique circumstances of the child’s situation. 
   
   
2. Child Support
   
   Shared parental responsibility also means shared parental financial support for the children.  The secondary custodial parent will be required to provide a reasonable share of the cost of housing, food, clothing, education, medical and other needs typically provided by Florida parents.  Guidelines for child support are provided in Florida Statutes.  [Florida Statute 61.30].  One factor that can lessen the amount of child support to be paid by the non-custodial parent is the time-sharing arrangement.  If the non-custodial parent has the children more than 40% overnights, then his or her child support obligation will be reduced or eliminated, depending on the financial circumstances of the parties.
   
   
3. Relocation
   
   Parents must consult each other on the issue of relocation.  The primary custodial parent can no longer relocate more than 50 miles away from his or her current residence without the agreement of the secondary custodial parent and by following the procedures outlined in Florida Statute.  [Florida Statute 61.13001].  Since the statute became law in 2006, relocation is now a hot issue in the family court and strict compliance is followed.

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