Articles Tagged with paternity

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One of the criticisms most frequently leveled at family court systems in the United States is that they treat fathers as walking checkbooks, imposing heavy child support obligations on them and invading their privacy to ensure that they pay those obligations, meanwhile doing little to support their efforts to have a meaningful relationship with their children. In recent years, the family court system has changed some of its practices to give more importance to the rights of fathers to be involved in the lives of the children they support. Consider that parenting plans now give parents a wide variety of options as to how to divide time with the children and decision-making authority among parents.

The Parker v. Parker case represents a worst-case scenario for fathers. If all you knew about the case were news headlines, you would recognize it as the case where a man disproved his paternity, but the court ordered him to keep making child support payments for his ex-wife’s son.  In fact, the court made this decision based on the fact that Richard Parker waited a long time (more than a year after the divorce was filed) to challenge his paternity and that his main motivation seemed to be a desire to get out of paying child support.  The court ruled that it was in the child’s best interest not to take away the only father he had ever known.

How to Avoid Paternity Fraud

The best way to deal with paternity fraud is to prevent it from happening in the first place. Few things are more disruptive to a family than finding out that a child’s biological father is someone other than the legal father who shares a strong emotional bond with the child. With the widespread availability of DNA testing, it is easier than ever to prevent situations where parents question a child’s paternity only after the child is old enough to be affected by the situation emotionally. Continue reading

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Florida’s tradition of family law acknowledges that there is more than one way to be a father.  The child’s biological father is not necessarily the child’s legal father. In fact, when establishing paternity, the courts do not always order DNA paternity tests. Sometimes a Voluntary Acknowledgement of Paternity is all you need. Things get more complicated when it comes to matters of child support, however. Is the biological father always the one who should pay child support for the child? The answer, according to Florida case law, is that it depends, and not always in the ways you would expect. The decision in the Parker v. Parker case will surprise many people, but the reasons behind the decision reveal a lot about what it means to be a father in Florida.

The Facts of the Parker v. Parker Case

Parker v. Parker made news as the case in which a Florida court ordered a man to continue to pay child support for his ex-wife’s son even after a DNA test proved that he was not the child’s biological father.  When Richard Parker and his wife Margaret initiated their divorce, their son was more than a year old. The court ordered Richard to pay $1,200 per month in child support.  Richard fell behind on the child support payments, and the court tried to enforce payment of them. Richard responded by expressing doubt that he was the child’s biological father, as Margaret had been unfaithful to him during the marriage.  Even after the family underwent DNA testing, and the results showed the Richard was not the biological father, the court required him to continue paying child support. Why would a court order a man to pay child support for a child of whom he was not the biological father and whom he did not adopt? Continue reading

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In recent decades, Florida courts have shown more appreciation for the important role of fathers in their children’s lives. For example, the idea of a mother having “primary custody” of the children while the father only has “visitation” is mostly a thing of the past. Today, parenting plans contain a lot more detail and nuance about the role of each parent. All of this is simple enough when it comes to fathers who have gone through a divorce from the children’s mother.  But what about when the child’s parents were never married to each other? Then is it easy for the mother to keep the children away from the father?  In order for unmarried fathers to be able to defend their legal rights to a meaningful relationship with their children, they must first legally establish paternity.

What Rights do Fathers Have?

You might think that going through the process to establish paternity is unnecessary red tape, especially if you communicate well enough with your child’s mother that there have never been any major disagreements about the child. You might have an unwritten agreement where you take care of the child at certain times and provide some financial support to the child. Without legally establishing paternity, though, anything can change. What if a new partner enters the picture? What if one of you decides to move out of state? Continue reading