Establishing Legal Paternity in Florida
R&B singer Brian McKnight recently made headlines in Florida with an unusual public battle over child support for a teenage boy.
August 26, 2010
R&B singer Brian McKnight recently made headlines in Florida with an unusual public battle over child support for a teenage boy. Miriam Lee took the singer to court, alleging that he was the father of her 14-year-old son. When McKnight failed to respond to her claims, the judge ordered McKnight to pay more than $340,000 in past due child support payments.Facing such substantial payments, McKnight chose to respond. Claiming that he was not, in fact, the boy's father, he submitted to a paternity test. When the results were returned, it was clear that McKnight could not be the father, and the judge dismissed the case.
In this case, the lack of paternity was clear. In addition to the fact that McKnight did not have a biological connection to the boy, he had not raised the child or otherwise indicated that the boy was his son.
In other Florida cases though, establishing paternity is not merely a matter of submitting to a DNA test. If a mother is married at the time she gives birth, her husband is presumed to be the legal father of the child.
If a woman is not married at the time she gives birth to a child, the parents may establish paternity in a number of ways.
- The parents can sign a Paternity Acknowledgment form at the hospital or an Acknowledgment of Paternity form later. With proper execution, the man becomes the legal father of the child.
- The parents can seek an Administrative Order Based on Genetic Testing. If the mother, the man believed to be the father and the child submit to genetic testing that establishes a biological connection between the father and child, Florida will issue an Administrative Order of Paternity.
- If the mother and biological father marry each other after the child is born, the biological father is then presumed to be the legal father.
- By issuing a court order, a judge can establish paternity. If the alleged father does not appear at the court hearing, he may be deemed the legal father by default.
Establishing paternity provides important protections for a child. Paternity grants a father the legal right to see his child, which in turn gives the child the legal right to have a relationship with his or her father. Establishing paternity allows parents to seek child support, which provides the child with greater financial stability.
For more information regarding the establishment of paternity in Florida, speak with a knowledgeable family law attorney.
Article provided by Tamara K. Holden PA
Visit us at www.floridadivorcelawyer4u.com