Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

Paternity Archives

Paternity Unwed/Unmarried Parents Attorney in Boynton Beach

In a paternity unwed/unmarried parents case, two men both sought to be declared the father of a child. In J.A.I. v. B.R., the Florida Court of Appeal stated if a person signs a notarized voluntary acknowledgment of paternity, this acknowledgment creates a presumption of paternity that is rebuttable. When 60 days have elapsed after the signing of the voluntary acknowledgment of paternity, the acknowledgment constitutes an establishment of paternity and may be challenged in court only on the basis of fraud, duress, etc. The burden of proof is then placed upon the challenging party.

Father's Rights - Paternity

family.jpgIn a recent paternity case captioned Perez v. Fay, the Florida Court of Appeal stated that a parent has a constitution­ally protected right to a meaningful relationship with his child. Time-sharing privileges should not be denied to either parent as long as the parent conducts himself, while in the presence of the child, in a manner which will not adversely affect the child. Because of the constitutional right to a meaningful parent-child relationship, there must be substantial evidence in the record that demonstrates that any restrictions on time-sharing are in the best interests of the child before those restrictions will be upheld. In Perez v. Fay, there was no evidence that the parent had conducted themselves during their supervised time-sharing in any manner that would adversely affect the parties' child. However, the trial court reduced the parent's time-sharing with the child from two to three hours per week to only four hours per month. This drastic reduction in the parent's time-sharing was reversed by the Court of Appeal.

Paternity - Father's Rights Attorney in Palm Beach County

In a Florida paternity proceeding involving Father's rights, in order for the court to require a Father to pay life insurance to secure a child support obligation, the trial court must make certain written findings. Fla. Stat. 61.13(1)(c) states that: "To the extent necessary to protect an award of child support, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure the child support award with any other assets which may be suitable for that purpose." In Velaga v. Gudapati, the Florida Court of Appeal recently stated that in determining whether to require a Father to purchase life insurance to secure the payment of child support, under Florida Statute § 61.13(1)(c), the trial court must make findings concerning the cost of the insurance. The trial court must also make findings concerning the Father's ability to pay for the insurance.

Jupiter, Florida - Paternity Lawyer

In a paternity case and in a marital case, a temporary domestic violence injunction may be extended during a continuance of a hearing, however, the statute does not provide for the issuance of a series of temporary injunctions. In Prior v. Prior, the Florida Court of Appeal recently stated: 

Florida Paternity Attorney - Boynton Beach, FL

In a paternity case and in a child support matter, a contempt of court order must contain findings that: (i) a prior order was entered, (ii) the payor failed to pay part or all of the support ordered, (iii) the contemnor had the present ability to pay support, and (iv) that the alleged contemnor willfully failed to comply with the prior court order. In Napoli v. Napoli, the Florida Court of Appeal recently stated: 

Paternity, Unwed and Unmarried Parents, North Palm Beach, FL

In a paternity proceeding, a child born during an intact marriage is presumed to be the child of the man to whom the biological mother was married. In CG v. J.R. & J.R., the Florida Court of Appeal recently stated: "... [T]his is...a case wherein the biological mother- while married to her husband-became pregnant by another man and wherein both fathers claim parental rights to the child. The fact that C.G.'s DNA test results established that he was H.G.-R.'s biological father is "legally insignificant" for purposes of establishing parental rights. See Slowinski v. Sweeney, 117 So.3d 73, 78 (Fla. 1st DCA 2013). 

Paternity; Boynton Beach, Florida

Contested paternity proceedings may not be heard by hearing officers because they have no constitutional or statutory authorization to make recommendations regarding custody and visitation. In Depart­ment of Revenue o/b/o Moore v. Williams, the Florida Court of Appeal recently stated: "The Department of Revenue appeals a Final Judgment of Support which deviated from the child support guide­lines by more than five percent based on the findings and recommen­dations of a hearing officer...On behalf of the Mother, the Department filed a petition for support and other relief against the Father...

Paternity Unwed/Unmarried Parents Martin County

In an adoption case involving unwed/unmarried parents, a putative father, who does not comply with the requirements of section 63.062(2), is deemed to have waived and surrendered any rights in relation to the child. "Sections 63.062(2)(b) & (3)(a) delineate the steps that a putative father must take to legally recognize a child and preserve his parental rights. Within 30 days of receipt of service of a notice of intended adoption plan, the putative father must: (1) file a claim of paternity with the Florida Putative Father Registry; (2) file a verified response with the court stating that he is personally fully able and willing to take responsibility for the child, setting forth his plans for care of the child, and agreeing to a court order of child support; and (3) provide support for the birth mother and child. § 63.062(2)(b), (3)(a), Fla. Stat. (2012). 

Overcoming the Presumption of Paternity in Florida

Florida Rulings Paternity - Overcoming the Presumption of Paternity in Florida The presumption that a man married to the biological mother is the legal father of the child may be overcome based on the child's best interests. "There is a strong presumption 'that a man married to the biological mother is in fact the legal father of the child. This presumption is one the strongest rebuttable presumptions known to law and is based on the child's interest in legitimacy and the public policy of protecting the welfare of the child." G. T. v. Adoption ofA.E.T., 725 So. 2d 404, 410 (Fla. 4th DCA 1999) (citing, inter alia, Privette, 617 So. 2d 305). Nevertheless, the presumption is not conclusive and may be overcome with "clear and compelling reason based primarily on the child's best interests" Privette, 617 So. 2d at 309 (emphasis added)." J.T.J. v. N.H. and E.R.

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Palm Beach Gardens Office
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