What Divorcing Couples Should Learn With Respect to Child Visitation, Legitimation and Paternity
The state of Florida takes a rather forward-thinking approach to the activity that we have come to recognize as separation and divorce. In actual fact, the process itself actually isn't even labeled divorce any longer; it happens to be lawfully termed a "dissolution of marriage." Regarding the question that's been typically looked upon as "child custody," the state has a more holistic strategy, preferring to uphold a standard of shared parental responsibility. This offers both parents the same right to give the child or children included in the divorce proceeding with actual domestic care in addition to the right to participate in decisions that are made with respect to the children.
When the parents are married, the legal rights and obligations of the father are inherent. However, as soon as the father and mother of the dependent children aren't married, paternity really needs to be confirmed to enable the father to claim such rights. Besides being married at the time that the child was born, you'll find 4 pathways to demonstrating paternity within Florida. The first approach will be for the mother and father to simply sign a document pointing to the man's paternity. This could be done in a healthcare facility soon after the child is born, yet such an affidavit could be filed later on as well.
One other way that paternity can be proven is via an administrative order which is based on genetic testing, and this approach might be advantageous simply because it does not call for going to court. When paternity cases go to court a judge quite often orders genetic testing, and this court order will be the third way that paternity may be established. The fourth and last option is by means of legitimation, and that's when the unmarried couple gets married. This approach assures the presumption of paternity within the eyes of the law, however for the father to be named on the certificate of a birth, a marriage certificate and an Acknowledgement of Paternity form need to be registered with the Bureau of Vital Statistics. After paternity has been established as a result of one of these approaches, the father of the child takes on all of the privileges and duties that accompany legal parentage.
If you have any questions or worries regarding child visitation, legitimation and paternity, contact a Jacksonville child custody attorney for a free consultation. The best divorce lawyer Jacksonville Florida will provide you with the help you're looking for with your Jacksonville FL divorce.