Your Tenacious Miami-Dade County, FL Family Law Group

Before we can establish your rights as an unwed father, we need to first establish paternity. This can be done by completing documents or going through the court process. The process we follow will depend on whether both parents agree and believe that the child in question is their biological child.

• Uncontested Paternity:
  If the paternity is uncontested and both parents agree on who the father is, your family lawyer can help you establish paternity by signing:

- An affidavit or stipulation of paternity and have it filed at the local court.
- An affidavit or voluntary acknowledgment of paternity under penalty of perjury.
- A notarized voluntary acknowledgment of paternity.
- A voluntary acknowledgment of paternity witnessed by two individuals.

Either parent can rescind the agreement within 60 days of signing, but after this period, the potential father becomes the legal father with a court order.

• Contested Paternity:
  If paternity is contested, paternity can be established through various court administrative processes such as:

- Filing a paternity case with the help of a family lawyer.
- Establishing a relationship through benefits claims such as inheritance, workers’ compensation or other similar claims.
- Going through a Department of Revenue proceeding to establish an economic need.

Paternity tests are also a reliable way of establishing paternity rights. DNA tests can verify who the father of the child is with up to 95% accuracy. If the testing is inconclusive, the courts can weigh the probability of paternity based on the facts presented by the parties.

The potential father cannot be established through agreement if the court dismisses the case, even when testing and other conclusive evidence are provided later. This is why it is critical to search online for a trusted family lawyer near me in Miami-Dade County, FL. An adept attorney can help you with the process and ensure you provide enough evidence to establish your paternity rights.

Paternity Rights For Unwed Fathers

Once paternity is established, unwed fathers have become the child’s natural guardians together with the mother. They also gain legal father’s rights. These rights include time-sharing and making decisions about the child.

According to Florida’s Parents’ Bill of Rights, unwed fathers have the following rights once paternity is established:

• To direct the care and education of the child.
• To direct the religious and moral upbringing of the child.
• To enroll the child in an education program authorized by law, such as a public school, private school or home school.
• To access and review the child’s school records
• To make healthcare decisions for the child and review their medical records.
• To give or deny consent to take or share the child’s blood, DNA or biometrics.

Florida Law allows for equal time-sharing between the parents. However, parents are free to come to a different arrangement or provide evidence to the court showing that equal time-sharing is not in the best interest of the child.

Let us help you become a part of your child’s life and get the opportunity to make important decisions that shape your child's life.

Trying to get parenting plans for your child as an unwed father can feel impossible – especially when paternity is contested. Working with a skilled family lawyer in Miami-Dade County, FL can go a long way in establishing parental rights and getting you a fair parenting plan. The Arcaro Law Group has more than three decades of experience providing family law services across Florida. We have helped countless families resolve disputes and come up with fair parenting plans that benefit their children – and we can help you, too. Reach out to us at (954) 546-7280, and let us find a solution together.