Fatherhood and fathers’ rights can sometimes be a tricky issue in Florida, especially in situations where a man fathers a child with a woman who is married but who is not his wife. Although it seems contrary to common sense, a biological father is not always recognized as the legal father of his child in Florida. Under Florida law there is a presumption of legitimacy which generally holds that the legal father of a minor child born to an intact marriage is the man to whom the mother was married when the child was born. Further, Florida law generally holds that a biological father does not have the ability to establish legal paternity of his biological child when the child was born into an intact marriage and where the married woman and her husband object. However, in some instances, Florida courts have held that a biological father may attempt to establish his paternity even when the married woman and her husband object where “common sense and reason” would be so outraged should the biological father be blocked from bringing a paternity action. In a 2010 Florida 2nd DCA case, L.J. v. A.S., the Court held that when an unwed biological father can show that he has had a substantial concern for the welfare of the minor child, and the legal father has not, and it is in the best interests of the minor child, he may be given the ability to assert an interest with respect to that child and to establish legal paternity of his biological child. If you find yourself in a similar situation and need to establish your rights as the legal father of your biological child, contact our office to schedule a no-cost consultation to discuss the details of your case and your legal options.
