There are various ways to establish the paternity of a child in Florida. One of the main rules under the law is that if a woman has a husband at the time of the child’s birth, the law presumes that man is the child’s father, according to News 4 JAX. While this is true in many cases, there are also times when the husband is not the father. If you find yourself in such a situation, it can become difficult for you to make a paternity claim.
The basic rule when it comes to parentage for children is that there are only two legal parents. Since the law says that a married woman’s spouse is automatically the father of any child that she gives birth to during the marriage, it means you have to have that person’s parental rights removed if you wish to claim paternity. This can become a sticky situation of the husband does not want to give up his rights to the child.
Until you establish paternity, you have no rights to the child. They do not have to let you see him or her or allow you to be a part of his or her life. If you choose to seek your rights, know that it may be difficult. The spouse does not have to prove he is the father. The court will side with him because of the law.
You do have the right to challenge this. You must do it within the court, though. You will have to prove you have a bond and relationship with the child and that the change in paternity is in the best interests of your child. This information is for education and is not legal advice.