Defining a “Legal Parent” in a Florida Paternity Case

Paternity (establishing a child’s legal father) is a critical part of determining various rights and obligations under Florida law. For example, a legal father can be required to pay child support or seek custody or visitation rights. A legal father can also object to a child’s placement for adoption.

In Florida, if a man is married to a child’s mother when that child is conceived or born, he is presumed to be the legal father unless a court determines otherwise. In the case of unmarried parents, a person can still establish himself as the biological father by signing the child’s birth certificate or a paternity affidavit. A court may also issue a judicial finding that someone is the legal father of a child based on genetic testing.  In order to be entitled to parental rights, such are shared parenting or timesharing, a court must adjudicate the unmarried father to be the child’

Florida Appeals Court: DCF Denied Due Process

Judicial proceedings to establish paternity require the courts to follow certain basic rules of due process. In some cases, these due process rights extend to the Florida Department of Child and Families (DCF), which often assumes temporary custody of children who are abandoned, orphaned, or otherwise found “dependent” by the court. Even if someone comes forward seeking to establish paternity of such a dependent child, the DCF still has the right to be heard and make any objections known.

This issue came up in a recent decision from the Florida Fourth District Court of Appeal, Department of Children and Families v. K.R.. This sad case began when the mother of a young child died in a car accident. At the time, the legal father listed on the child’s birth certificate lived outside of Florida. He refused to take custody of the child after the mother’s death, however, claiming he was not the biological father. Rather, he signed the birth certificate because the biological father was incarcerated at the time.

DCF assumed responsibility for the child and placed him with the sister of his late mother’s partner, who also died in the accident. Meanwhile, the man alleged to be the biological father appeared and submitted to a DNA test, which established a 99.996 percent probability of paternity. He subsequently filed a petition to establish legal paternity, but for some reason, he never served formal legal notice on DCF, who was a party to the case.

DCF sought to adjudicate the child dependent with the intent of placing him for adoption. DCF further objected to the court proceeding with a hearing on the biological father’s petition in the absence of proper notice. The trial court proceeded anyway and issued a final judgment of paternity in favor of the biological father.

On appeal, the Fourth District reversed, holding that the trial judge’s actions violated DCF’s due process rights. The appellate court noted the biological father “barely knew” the child and there was no consideration given to what would actually be in the child’s best interest. Accordingly, the case was returned for a new hearing.

Contact a Miami Paternity Lawyer Today

Paternity disputes can often get complicated like the case discussed above. That is why it is important to work with an experienced Miami family paternity law lawyer who can represent your interests. Contact Hamilton O’Neill today to schedule a consultation.

Source:

4dca.flcourts.gov/content/download/2457073/opinion/Opinion_2025-1194.pdf