QUESTION
The mother was married when our child was born but now is divorced
Asked on May 06th, 2018 on Child Custody - Florida
More details to this question:
When me and my childs mother were together i knew she was married but separated she got pregnant we wanted her together so yhe child was bor in a wedded situation we evwntually the mother and i broke up and she was still married, now the mother is Divorced and i want my paternal rights including visitation a d paying child support 8 have aupport the child in all material things but now i am being denied any contact due to the mother has a new man in her life. How can i gain legal right to my child? The child carries my last name as well.
1 ANSWER
Unfortunately, Mr. Daniels, there is a presumption that the husband of a woman who gives birth is the "father" of the child. This is so under Florida law even if everyone knows that the husband is not the biological father.
However, if the now ex husband does not want to continue to pay child support, especially if he knows that the child is not his, he may want to disestablish paternity. If you then want to step in as the father you may be able to do this. Again, this is complicated as it is more difficult, and sometimes not possible, to disestablish paterntiy after the divorce. THe "new" man cannot become the "father" as a matter of law unless both bio dad and legal dad relinquish their rights.
Cindy Vova
Law Office of Cindy S. Vova, P.A.
Plantation/Boca Raton
Answered on May 07th, 2018 at 3:28 PM