Articles Posted in Paternity

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Just because you are not married to the mother of your child does not mean that you do not wish to play a role in your child’s life. Unfortunately, in order to legally gain parental rights, you must take certain steps under the law in the state of Florida. In some cases, gaining legal paternity can be relatively simple and will requiring signing a form and filing it with the state. If the mother of your child tries to fight against you paternity claim, however, you may find yourself facing a legal battle in court. One recent case that was resolved shows how difficult some paternity cases may become.

Jason Patric Wins Paternity Case

Jason Patric is an actor who had been fighting for legal paternity rights to his biological son for two years. When Patric’s former girlfriend wanted to have a child, he agreed to offer his sperm for her to use for in vitro fertilization (IVF), which resulted in the birth of a son. Patric was not listed on his son’s birth certificate and he and the mother did not sign a parenting agreement. However, Patric states that the two parents rekindled their relationship and that he participated in raising the boy. When the relationship again soured, Patric states that the mother refused to allow him to be in contact with her son.

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Over the years, I have had the opportunity to discuss child support issues with many parents. A frequent question that often arises is whether one parent has the right to waive the receipt of child support from the other parent?

The answer to this question is simple, NO! There are scores of cases in Florida which clearly state that the entitlement to child support is a right that belongs to the child, not to the parent, and the parent has absolutely no right to waive receipt of those funds.

What about the situation when a father proclaims his desire not to have any part in the child’s life, in exchange for a release of his child support obligation. Will this work to release the father from his obligation? Again, the same answer, NO.

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1182574_no_sex.jpgYes, it is possible to have the court vacate a paternity decree after it has been entered, even if years have passed by. The remedy is found in section 742.18, Florida Statutes (2006).

This statute creates circumstances under which a male may disestablish paternity or terminate a child support obligation when he receives “newly discovered evidence” demonstrating that he is not the biological father of the child. Section 742.18(1)(a), Fla. Stat. (2006).

The statute does not require a petitioner to prove fraud or duress when attempting to disestablish paternity. Rather, the statute clearly establishes the necessary allegations, requisite trial court findings, and conduct that would prohibit disestablishing paternity. Section 742.18(1)-(3), Fla. Stat.(2006).

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