Common Mistakes to Avoid in Paternity Matters

In Florida, when a married couple has a child, it is presumed that the man is the biological father. This same presumption is not made when an unwed couple has a child together. In these cases the man or woman, or both, must establish paternity to show that he is the biological father and to exercise his rights to child custody and perhaps child support. There are many different ways to establish paternity in Florida, but it is rarely straightforward.

Making a mistake in your paternity could cause unnecessary delays and make the process even more complex. Below, our Orlando paternity lawyer explains some of the most common mistakes made in these cases, and how to avoid them.

Delaying Action 

Whether you are a mother pursuing child support, or a father who is trying to exercise his rights, it is important that you do not delay taking legal action. If you do not take legal action right away, the court may presume you are not that committed to the case, you may not be able to obtain the full amount of child support, and it can negatively impact your child’s well-being. Always take action right away if paternity is an issue and must be established.

Failing to Establish Paternity at All 

If you fail to establish paternity, it can dramatically impact your rights and responsibilities. Some people feel they do not need to legally establish paternity because the two parents have a good relationship and do not see the need to make it official. Disputes can arise in the future, though, and if you have not established paternity, you may not obtain the outcome you want. Any time paternity has not been legally established, it is critical that you do so.

Not Considering Mediation 

Establishing paternity involves sensitive and emotional issues. If you resolve the issue in court, the information becomes public. Mediation can help you resolve your paternity dispute while also keeping certain information confidential. Mediation is also less expensive than going to court and can help you resolve your issue faster. A judge may also order you to attempt mediation before going to court.

Not Communicating Openly 

It is critical that parents can communicate clearly and openly, particularly when decisions regarding the child must be made. The court will make all decisions pertaining to child custody and support based on the best interests of the child. The ability to co-parent is one of these. If you are hostile towards the other parent, or avoid communication with them, it can negatively impact your case and the judge may award you less parenting time.

Not Consulting with a Paternity Lawyer in Orlando 

Navigating complicated paternity cases without the help of an attorney is another common mistake that is made. At Anderson & Ferrin, P.A., our Orlando paternity lawyer can help you through the process to ensure no mistakes are made and to help you obtain the positive outcome you are hoping for. Call us today at 407-412-7041 or contact us online to schedule a consultation and to get more information.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/0742.html