NON-BIOLOGICAL FATHERS CAN BE ORDERED TO PAY CHILD SUPPORT
Non-biological fathers may be ordered to pay child support for a minor child that is not his biological child if you meet one of the definitions of “father.” Florida statutes are written to serve the best interests of a minor child and not the father. To continue, you need to know that there are different types of fathers, and each has legal consequences.
1. Presumptive Father: A presumption of fatherhood is established if a minor child is born during the marriage.
2. Putative Father: A unmarried man who claims to be the biological father of a minor child, or the mother claims that he is the biological father.
3. Prospective Father: If the man was living with the mother at the time of conception, was married to the mother at the time of conception, is identified on the birth certificate as the father, or is named in an application for government assistance as the father.
DIFFERENCES BETWEEN THE TYPES OF FATHERS
The differences between the types of fathers will determine your rights. A presumptive father will be ordered to pay child support and will receive visitation. A putative or prospective father will be ordered to pay child support without visitation. To secure visitation rights you must file a Petition To Determine Paternity and Related Relief. In the petition, you will submit yourself to the jurisdiction of the court and admit fatherhood.
If you meet the definition of a father, regardless of type, you will be subject to a child support order.
I’M NOT THE BIOLOGICAL FATHER
You can fight the child support order by filing a Petition To Disestablish Paternity if you are not the biological father, but certain conditions must be met.
If you need strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. A free phone or videoconference consultation will be scheduled. After a thorough analysis of your matter, I will answer your questions and advise you regarding the best way to proceed.