Paternity

Unmarried Parents' Disputes - Paternity - Child Support

Changing family demographics in Florida and throughout the United States mean that unmarried mothers and fathers are increasingly likely to find themselves involved in disputes concerning paternity, visitation, or even primary custody of their children. To learn how our experienced Jacksonville family law attorneys can help resolve these problems, contact us at Makofka & Makofka .

Most paternity disputes originate when either the mother or the State of Florida allege that a man is the father of a particular child in order to establish and enforce child support obligations against him. Paternity is generally proved through DNA testing. Although the amount of an unmarried father's child support obligation is determined under the same guidelines used in divorce cases, an important difference between divorce and paternity is that an unmarried father is responsible to pay his entire share of the guidelines amount without any credit for time the child spends overnight at his home. In a divorce case, the noncustodial parent's payment is reduced to reflect the time the child spends with him or her.

Formal proof of paternity and the enforcement of child support obligations by themselves give the unmarried father no rights whatsoever to visitation rights. If an unmarried father whose paternity has been proved wants to establish and secure a regular schedule of parenting time with his child, he must either file a counterclaim for visitation in the original paternity dispute, or he can later file a separate petition in court to establish and define his visitation rights. In this manner, a father's right to maintain a stable relationship with his child doesn't need to depend on the mother's good will or whim.

In recent years, our lawyers have helped an increasing number of unmarried fathers achieve primary custody of their children due to problems in the mother's home or with her ability to provide a safe and stable home for the child.

For additional information about your rights in any paternity or child custody dispute between unmarried parents, contact an experienced Jacksonville family law attorney at Makofka & Makofka.