In Florida, paternity must be established for a father to have equal rights to his child if the parents are unmarried. Paternity can be established in a couple of ways, but fathers who have domestic violence charges or convictions may find that their rights are impacted by this offense.
Establishing Paternity in Florida
Florida law states that a paternity action can be initiated by the mother or by a man who believes he is the father of a child so long as paternity has not already been established. When the parents agree on paternity, they can complete an Acknowledgement of Paternity form and submit it to the Florida Bureau of Vital Statistics. In some cases, the court may require that the mother, child, and alleged father undergo scientific tests to determine the probability of paternity.
Establishing paternity allows fathers to have the same rights as the mothers, including the ability to seek custody and visitation of the child.
How Domestic Violence Impacts Paternity Actions
While domestic violence charges or convictions will not necessarily impact the determination of paternity, the rights that typically follow this step will likely be affected. Domestic violence in Florida is categorized as assault, battery, stalking, kidnapping, or any offense that causes injury to a family or household member. This includes violence against:
- Current and former spouses
- Relatives by blood or marriage
- Romantic partners
- Parents who have a child together
Establishing paternity allows fathers to seek custody of their children, which includes legal and physical custody. Depending on the severity and details of the domestic violence offense, a father’s right to either or both of these types of custody may be restricted.
A judge will consider the best interests of the child when making decisions about custody, Â including:
- The child’s relationship with each parent
- Each parent’s ability to raise and parent the child
- Each parent’s moral fitness and character
- Any drug or alcohol issues of either parent
- The mental and physical health of each parent
Any instances of domestic violence will also be considered by the judge, and this has the potential to weigh heavily on the custody decision. A history of domestic violence often negatively impacts a father’s right to have primary or shared physical custody of his child. Legal custody, which is the right to make important decisions for a child, could also be restricted in certain scenarios.
Florida Paternity Action and Child Custody Attorney
The Pistorio Law Firm has been solely focused on helping parents and families in Florida for six years, providing dedicated and individualized representation in complex cases like domestic violence and paternity actions. Our family law attorney has targeted experience and an in-depth understanding of state laws and local court procedures. If you are looking for a caring and skilled lawyer you can trust, contact The Pistorio Law Firm at 904-553-4889 to schedule a free consultation.
