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Florida Paternity Question as the Husband


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#1 Ataboy85

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Posted 05 February 2013 - 12:36 PM

Hello. From the research I've done online, my question is a bit different than most. Hopefully, I'm wrong about that, but here goes:

Synopsis: My wife had an affair, and became pregnant. She told the other man that he is the father, and this other man has made it clear to my wife that he expects to be named the legal father. My wife and I have agreed to stay together, but she is as of right now unwilling to deny this other man's claim to fatherhood.

~ I understand the concept of the presumption of legitimacy.
~ I understand that, as a married couple, we don't have to do anything to establish paternity for this child.
~ I understand that this other man is expected to either file an Administrative Order, or establish a Court Order, for the paternity test to be held.

What I don't understand is the following:
1. Can this other man establish paternity simply by signing the birth certificate when the child is born? He expects to, and while my wife has said she will only permit this if he's established paternity, she seems to think that this will be achievable immediately. What I've read is that it will take between 3 and 6 months to complete paperwork and/or go through the courts.

2. Am I able to block this other man's actions on my own? I have read that the husband and wife together usually can block a putative father's attempt to establish paternity, but (if that's true), can anything be done on my end alone?

3. If this goes to court, is there any significance placed on the following things:
a. This other man has expressed his desire to be the father of this child to my wife, his family, and his social circle.
b. My wife has retained contact with him, mostly via phone calls and text messages. She has not come into personal contact with him for a couple of months now, however.
c. He may be present during the delivery.
d. He is a convicted felon for non-violent crimes. He also has half a dozen arrests from the previous 10 years, mostly for infractions related to illegal drug possession and vehicle registration non-compliance.

Other details for context:
My wife has not explicitly ended the affair. She is afraid of repurcussions from this other man by doing anything that would make him feel as if his child is being taken away.
She and I have agreed (in concept), that if he can prove himself to be responsible and capable, we would entertain his attempt to establish paternity. However, she and I have not truly sat down to decide what that means, and how that would be enforced during and after the delivery.

Her due date is in a couple of months. (she's not yet given birth)
This is in the state of Florida.

Thanks in advance.

#2 FindLaw_Amir

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Posted 05 February 2013 - 01:06 PM

Have you read the Florida: Establishing Legal paternity? You may visit the Family Law Center: Paternity and read Paternity Law as a good resource to learn more about this subject matter. For further clarification, you may consult with a local Florida Family Law Lawyer.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#3 Ataboy85

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Posted 06 February 2013 - 07:12 AM

I've read those resources and more, and I have consulted with a local Family Law attorney. I'm looking for a second opinion on my matter, given that my wife and I asked questions under different circumstances during our first consultation.

I'm struggling to find concrete answers on whether case law supports what i'm reading, which is my power in this situation. The best I can come up with is that that husband and wife should stay silent on the matter, based on the presumption of legitimacy.

#4 miribird6

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Posted 15 February 2013 - 11:42 PM

In my state the paramore cannot sign a paternity affidavit without consent of both the mother and her husband because the affidavit requires all three signatures.

#5 DiverBoone

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Posted 02 March 2013 - 03:58 PM

In Tennessee most of the same questions you have ask were decided in T.K.Y. In this case it was determined that once the biological father establishes paternity. He is the father and the legal father. His rights to raise his child are vested and can only be stripped of them by extreme court measures. Other states are starting to reconize biological fathers rights. Please remember to put personal feelings aside and always look for what's in the best interest of the child. A child has the right to both parents.




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