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Biological fathers get a win in Florida’s courts

by | Jul 6, 2018 | family law

If you recall a previous post about a man who was intimate with a woman who became pregnant, gave birth and then refused to allow him to see the child due to her marriage and legitimacy laws in Florida, you’ll be happy to see that the laws have now changed. In the past, laws allowed women who were married to keep a biological father out of the picture if he was not her husband. The child, to be “legitimate,” would be the legal child of the woman’s husband, even though he wasn’t the biological parent and the biological parent may want to be involved in the child’s life.

The state recently overturned the legitimacy laws, allowing the biological fathers the right to seek visitation and custody of their children regardless of whether or not the woman is currently married to another person. This, some say, brings the law up to date with the current state of relationships.

In years’ past, it could have negatively affected a child to be born out of wedlock or to a man that was not the mother’s husband. Today, this happens more and more commonly. Sometimes, women get pregnant and give birth to a child from one man while getting married during pregnancy to another. Sometimes, a single night’s fling results in a child that was not a result of the married couple’s relationship.

In any case, the rights of biological fathers do need to be protected, and they are now. There are still limits, but if you’ve been prevented from seeing your child due to legitimacy laws, you may wish to look into any new options open to you.