In Delray Beach, the establishment and disestablishment of paternity are paternity law matters often-sought when a child is born out of wedlock. Either the mother or father may initiate a paternity action, which can involve a wide range of processes, including the establishment of legal father, DNA testing for determination of the biological father, determination of parental responsibility, the establishment of timeshare and child support, as well as the acknowledgment of paternity. Additional related legal matters include issuance of a new birth certificate for the child in Delray Beach to include the legal father’s name.
Although a father may be named on a child’s birth certificate in Delray Beach, when born outside of marriage, according to paternity law in the State of Florida, the father has no legal rights to the child until there is a final judgment of paternity entered by the court and their paternity lawyer. Until that time, the mother in Delray Beach is deemed to be the only natural and legal guardian of the child, with rights to make decisions on behalf of and to have access to the child.
These matters can become even more complex when a mother gives birth to a child during an intact marriage, but the biological father of the child is not the husband. In other cases, it may become necessary for a man to seek to disestablish paternity in Delray Beach if there is a reason to dispute paternity of the child.
An action for establishment or disestablishment of paternity begins in Delray Beach with the filing of the necessary paperwork to commence the action in paternity law. In some cases, DNA testing may be required before acknowledgment of paternity or property division can occur. Often, mediation is required before the parties will be permitted to appear before the court in Delray Beach. The parties may attempt settlement of the issues, which would result in a paternity settlement agreement and parenting plan. If, however, the parties are unable to settle, the court in Delray Beach will hear the case to determine the outcome of a final hearing.
As is the case with all child-related issues, the best interest of the child(ren) in Delray Beach is paramount.