Thursday,
January 05, 2017.
posted in Paternity
Addressing complex paternity issues in divorce

On behalf of The Law Office of Gustavo E. Frances, P.A.

If you’re one of many Florida parents currently going through divorce, you’re likely well aware that life does not always go as planned. Like most people, you no doubt had every hope your marriage would last a lifetime. You’re certainly not the first person to come to terms with the reality that this will not be the case. In addition to potential problems regarding child custody, visitation and child support, you may be in need of guidance concerning paternity issues as well.

Either parent may establish paternity

Whether you are a father or mother, you are able to establish paternity for various reasons during the divorce process. In fact, it is sometimes necessary to do the opposite – disestablish paternity in order to resolve certain child-related issues. The following are several reasons for doing either:

  • If your child was born before you married and became legally bound to both you and your spouse when you married, you may have the need to establish paternity when dissolving your marriage in court.
  • When a child is conceived before your divorce is finalized, there may be a need to establish or disestablish paternity.
  • If your child has been born after the settlement of your divorce, you may have various reasons to legally establish paternity. (In such situations, the court typically orders genetic testing of the child after birth.)
  • The court may also order genetic testing of your child if you or the other parent objects to a request to establish paternity. There is typically a fee involved when you are seeking a court’s judgment in such matters.

Extenuating circumstances

As mentioned earlier, life often involves unplanned circumstances. You may be one of many who did not expect to become romantically involved again with your former spouse during divorce proceedings. The conceiving of a child during this time can create complicated paternity issues. The same goes for any child conceived where allegations of an extramarital affair exist. To alleviate the stress of trying to sort out such issues on your own, you can seek support from a family law attorney who can provide the following services:

  • Clarification of laws regarding establishing or disestablishing paternity in Florida
  • Guidance as to how best to address your situation in court
  • Skilled negotiation on your behalf to resolve a particular issue
  • Aggressive representation if needed to obtain a favorable outcome to your current paternity-related problems

Getting divorced is often part of life. You have the right to seek emotional and legal support so that you are able to do what is best for your child and move forward toward a successful, happy future. A first logical step to take to get your life back on track is to discuss unresolved paternity or custody issues with an experienced family law advocate who can act on your behalf to seek a swift and agreeable solution.

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