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Father loses right to parent his child in Florida ruling

On Behalf of | Oct 23, 2018 | family law

Determining who the father of a child is becomes an important step for many reasons. Besides the obvious concern of knowing who the child’s father is for parental responsibility, knowing your child’s genetic background is important.

Unfortunately, it is possible for fathers who are not married to lose their parental rights, which was shown by a Florida judge’s ruling that he would not maintain his parental rights due to the child being born in wedlock to another man.

The Oct. 12 news states that Florida laws uphold that a child born into a marriage belongs to the marriage. Even though the man’s son was his biologically, the law protects the mother’s husband in this case. He maintains paternal rights, even though the child isn’t technically his.

This case began when the child’s mother stopped the man from seeing his child. He went to court to fight for his rights, but the judge determined that Florida law would not allow the child to have his presumed legitimacy reversed.

The man and his attorney were not satisfied with the outcome of the case, but they did not state that they would go further to seek an appeal. Keep in mind that one thing the judge was concerned over was the year it took before the man filed his claim; he hadn’t seen his son in that long, yet he had not taken steps sooner.

The courts want to do what is best for a child, and this, arguably, may or may not have been. If you are a father seeking to see your child, remember that proving paternity is just the first step.