Miami family law attorney blog
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Paternity
Posted by Nydia Streets of Streets Law in Florida Paternity
If DNA testing shows a male is not related to a child, does this mean the male is not the legal father of the child? If the male is listed on the birth certificate, he is the legal father until otherwise determined. Biological connection is not the determining factor in establishing legal parenting rights over a child. This was an issue in the case N.D. v. J.B., 2D23-686 (Fla. 2d DCA March 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A recent appellate case seems to test many parts of Florida paternity laws where a man who believed he was the biological father of a child born outside of wedlock was proven wrong on both fronts. The case is Orosco v. Rodriguez, 6D23-1415 (Fla. 6th DCA December 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Paternity
Does being on a birth certificate give a father any parenting rights in Florida? According to Florida Statutes, the mother of a child born outside of wedlock is considered the natural guardian of the child and is entitled to full care, custody and control of the child until a court order is entered stating otherwise. See Fla. Stat. 744.301(1). This was an issue in the case Moritz v. Stonecipher, 4D22-2999 (Fla. 4th DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Paternity
How long does a party have to appeal a Florida family law order? Generally the rule is 30 days with some exceptions. Following the specific deadline for the type of order you are trying to appeal is important to ensure the appellate court has jurisdiction to consider your appeal. What if a party claims he or she never received a copy of the order he or she wanted to appeal, and therefore did not know the 30 days had passed? This was an issue in the case Diasolwa v. Burneikis, 3D21-0899 (Fla. 3d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
What is a sperm donor under Florida law? Parties who agree to have a child via at home insemination kits likely do so to save money involved with going through a laboratory to complete in vitro insemination. How does this process affect paternity? This was an issue in the case Enriquez v. Velasquez, 5D21-1542 (Fla. 5th DCA November 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
If my child was removed from the state of Florida without my consent, can I file a petition for child custody in Florida? This is a question asked by many parents who feel their child was wrongfully removed from Florida. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is what a Florida court will look to when deciding if there is jurisdiction over a child custody case. This was an issue in the case Chatani v. Blaze, 3D21-2321 (Fla. 3d DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
Can a father request a DNA test at any time in Florida? The simple answer is no. Once a father acknowledges paternity by affidavit and he does not rescind that acknowledgement within 60 days, his paternity is confirmed and can only be challenged on grounds of fraud, duress or material mistake of fact. This was an issue in the case Dept. of Rev. o/b/o Zelaya v. Trochez, 3D22-0795 (Fla. 3d DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
Establishing legal paternity of a child in Florida is not based on DNA testing alone. A child may be raised by a parent who is on the birth certificate, but is not biologically related to the child. Disestablishment and establishment of paternity was an issue in the case Castillo v. Rodriguez, 3D20-681 (Fla. 3d DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Paternity
When a Florida final judgment of paternity is inconsistent, a party may challenge the judgment by filing a motion for rehearing or ultimately, an appeal. An unclear judgment may be difficult for parties to follow so it is important to clear up any confusion. This was an issue in the case A.A. v. D.W., 2D20-234 (Fla. 2d DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Paternity
Due process in a Florida paternity case requires that both parties have adequate notice of what will happen at a hearing. For example, a hearing that is noticed as non-evidentiary which turns into an evidentiary hearing is normally not proper. This was an issue in the case Perez v. Maldonado, 3D21-767 (Fla. 3d DCA July 21, 2021).
Posted by Nydia Streets of Streets Law in Florida Paternity
Can a party be held in contempt for failure to pay court-ordered attorney’s fees in a Florida family law case? If the party willfully refuses to pay (meaning he or she has the ability to pay but chooses not to), an order of contempt may be entered. The penalty could include jail time or other coercive measures. This was an issue in the case Williams v. Samuels, 2D20-967 (Fla. 2d DCA February 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
How long does it take to establish paternity in Florida? The answer depends on what issues are disputed in the case - if parties do not agree on time-sharing, for example, this may mean lengthy litigation. Disputes over calculation of child support can also take time. In the case D.H. v. J.H., 2D19-3968 (Fla. 2d DCA January 20, 2021), the parties were involved in a paternity lawsuit for more than two years.
Posted by Nydia Streets of Streets Law in Florida Paternity
When can a party ask for disqualification of the opposing lawyer in a Florida family law case? If the lawyer is deemed to have formed an attorney-client relationship with both parties in the same case, disqualification of the lawyer may be appropriate. In the case L.E.B. v. D.D.C., 2D19-4372 (Fla. 2d DCA September 25, 2020), the issue of disqualification of a legal aid attorney arose.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A court-ordered Florida parenting plan usually cannot be based on future, speculative events. This is because no one knows the best interest of a child for most future events. This was an issue in the recent case C.G. v. M.M., 2D19-857 (Fla. 2d DCA May 20, 2020).
Posted by Nydia Streets of Streets Law in Florida Paternity
When imputing income to an underemployed or unemployed parent, the court must consider certain statutory factors. In Williams v. Gonzalez, 4D19-3659 (Fla. 4th DCA April 22, 2020), the court considered an appeal of a father in a Florida paternity action in which he alleged the trial court committed error in calculating his income and determining the retroactive period.
Posted by Nydia Streets of Streets Law in Florida Paternity
Can attorneys’ fees be awarded in a Florida paternity case? The short answer is yes. The parties may agree otherwise, but there are limits to how they can agree. This is highlighted in the case Nishman v. Stein, 2D19-697 (Fla. 2d DCA April 17, 2020).
Posted by Nydia Streets of Streets Law in Florida Paternity
What is the difference between a legal father and a biological father in Florida? In what might seem like a paradox, the legal father might not be the biological father and the biological father might not be the legal father. Biology is not the determining factor in deciding paternity in Florida. If a child is born during a marriage, the husband is presumed to be the legal father of the child even if a DNA test reveals he and the child are not biologically related. This is illustrated in the case Schmidt v. Nipper, 1D19-2416 (Fla. 1st DCA January 21, 2020).
Posted by Nydia Streets of Streets Law in Florida Paternity
For a male wishing to disestablish his paternity in Florida, time is of the essence. The law places the burden on a man who knows he is not the father of a child to take certain steps to preserve his argument that he should not be legally responsible for the child. The case DOR v. Augustin, 237 So.3d 1123 (Fla. 3d DCA 2018) shows us what steps must be followed in order to disestablish paternity in Florida.
Posted by Nydia Streets of Streets Law in Florida Paternity
In a case published just yesterday, the Third District Court of Appeal in Florida reversed a trial court order which mandated a paternity test as part of a stalking case. The case was presented to the appellate court as a writ for certiorari which can be sought when a party shows (1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case, (3) that cannot be corrected on post-judgment appeal. See Llanos v. Huerta, 3D18-1902 (Fla. 3d DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Paternity
The father of a child born outside of wedlock in Florida should take important steps to ensure that he has parental rights. Being named on a birth certificate does not automatically grant parental rights such as visitation and decision-making authority.
