A person who is not the biological parent of a child might assume the role of a father in a number of ways. They might marry the mother of the child when she is pregnant. They might marry the mother of the child after the child has been born and act as a father to the child, whether or not the biological father is present in the child’s life.
The non-biological father’s name may be entered on the child’s birth certificate. The mother and father may or may not know whether the father is the biological father. They may assume that he is, even though in fact he is not.
Or, a non-biological father may acquire their status as the legal parent of the child, because the biological father is absent from the child’s life. They may have rejected responsibility for the child. This can lead to the name of a non-biological father on a birth certificate.
Whatever the case, if a non-biological father is married to the child’s mother at the time of the child’s birth (or within 300 days after their marriage has ended) and is named as the father on the child’s birth certificate, then he is the presumed father of the child until a court rules differently.
Presumed fathers generally do not have to go through the process of establishing paternity. Instead, Florida law assumes that they possess parental rights with respect to the child.
A lawyer consultation with a Florida lawyer would help a person understand the complexities of paternity and the parental rights of fathers, biological and non-biological, in Florida.
How Can a Non-Biological Father Become a Legal Parent?
As noted above, a non-biological father becomes the legal parent of a child if the child is born when the non-biological father is married to the child’s mother, or within 300 days after they are divorced.
In addition, a non-biological father who is not married could establish their legal paternity by signing a Voluntary Acknowledgement of Paternity form, which becomes legally binding after 60 days. This acknowledgment holds the same legal weight as a court order, making it difficult to contest later.
Possibly the most common way in which a non-biological parent becomes the legal parent of a child is through step-parent adoption. Step-parent adoption is the legal process through which a stepparent, e.g. the non-biological father who is married to the child’s mother, can gain full parental rights with respect to their stepchild. Step-parent adoption also terminates the parental rights of an absent biological father.
A stepparent who wants to gain parental rights with respect to the child of their spouse must do the following:
- Obtain any consents that are required
- File the adoption petition and any other necessary documents in the appropriate county
- Attend a final court hearing, and
- Obtain an amended birth certificate showing the stepparent as the father.
A stepparent usually adopts a minor child, but they may adopt an adult.
Can a Biological Father Terminate a Non-Biological Father’s Parental Rights?
In Florida, the term “putative father” means a person who is or may be the biological father of a child, but whose paternity has not been established legally. In addition, the mother of the putative father’s child must not have been married when the child was conceived and born. A putative father may be able to exercise their own parental rights, but they must first go to court and establish their paternity.
However, if a non-biological father has acquired legal parenting rights with the status of legal father of the child, e.g., through a valid stepparent adoption, the biological father would not be able to terminate the stepparent’s legal parental rights.
Once the biological father has established their paternity, they may then go to court to assert their rights to legal and/or physical custody or visitation. They would have to give notice to the stepparent and the mother or father who is their spouse.
They would then have the right to appear in the biological father’s action and respond as they feel is appropriate to the biological father’s claims. The court would ultimately decide the issues of custody such as legal custody, physical custody, visitation and child support.
If the Father Is Not on the Birth Certificate, What Rights Does He Have?
Under Florida law, a biological father does not automatically gain parental rights just because of the presence of the father’s name on the birth certificate. Rather, the law recognizes the mother of a child as the child’s natural guardian if she is not married to the father named on the birth certificate when the child is born. She has a right to full legal and physical custody.
The biological father has to take legal action in a Florida court to establish their paternity of the child. This would involve submitting to a Florida paternity test. Only then would he be able to petition a court to grant them the right to custody or visitation. Of course, the biological father would then also acquire the responsibility of providing financial support to the child.
To begin the legal process of establishing paternity, both the mother and father can sign a Voluntary Acknowledgment of Paternity form, usually at the hospital after the baby is born. This document allows the biological father’s name to be added to the birth certificate and legally recognizes him as the child’s father.
While the Voluntary Acknowledgment of Paternity makes the father a natural guardian, it does not automatically grant the father custody rights. The form establishes legal paternity, which allows the father to then petition a court for legal custody, visitation rights, and decision-making authority in the child’s life.
Can a Non-Biological Father Be a “De Facto” Parent in Florida?
A non-biological father may be the “de facto” parent of a child in Florida. A non-biological father who is married to a child’s mother but has not completed a stepparent adoption may fulfill the role of a father to the child.
This makes him a “de facto” parent. He fulfills the role of a parent, e.g. living with the child, providing care and doing all the things a legal parent might do. This may even include paying child support for a child that is not theirs, although that would not be legally required of him.
What Does the Court Consider When Granting Parental Rights to Non-Biological Fathers?
When deciding whether to allow a stepparent adoption and grant full parental rights to a non-biological father, the court would look at the following factors:
- Whether the stepparent has the resources to support the child financially and in other ways, e.g. the time, emotional health and maturity, and other characteristics a person needs to be a good parent.
- Whether the stepparent and their spouse have jointly filed the petition for the adoption.
- Whether the petition includes certain mandatory information, including a compelling statement of the reasons for which the stepparent wants to adopt the child.
- If there is a known biological father, his consent to the adoption must be obtained.
- Alternately, the petition must say the reason for which his consent is not required.
If the child has another legal parent, not just a biological parent, but a legal parent, who cannot be located or has abandoned the child, the petitioning couple may have to produce affidavits showing that they made a diligent search for the parent but could not locate them. Or, they may have to explain that the parent has abandoned the child.
Can a Father’s Name Be Removed from a Birth Certificate in Florida?
A father’s name can be removed from a birth certificate in Florida in certain circumstances. Generally, it would be possible if the father is not in fact the biological father of the child. If the mother was not married to the non-biological father at the time of the child’s birth, the presence of the non-biological father’s signing of the birth certificate does not make him the legal father of the child.
The unmarried mother, the non-biological father, or the child can file a complaint in a Florida court to establish the child’s paternity. This is best done before the child turns 17.
If paternity testing confirms that the father is not the biological father of the child, and the non-biological father has not adopted the child through a step-parent adoption, his name could be removed from the birth certificate.
A biological father whose name is not on their child’s birth certificate, if their paternity is established in court in a proceeding initiated for that purpose, the biological father is legally established as the biological and legal father. He may claim the right to custody or visitation and also becomes obligated to pay child support.Filing of a paternity action must be done before the child turns 18 years old.
If the court determines that the man is the biological father, he becomes both the biological and legal father. With this legal designation, the father acquires certain rights and also significant responsibilities. He may pursue custody or visitation rights, but he may also be obligated to pay child support. The court may also declare that the child is the father’s legal heir.
What Other Rights Do Non-Biological Parents Have Besides Child Custody?
Again, any rights a non-biological parent has depends on their establishing their legal status as the parent or guardian of a child. If they do establish their legal parental rights, they would have a right to legal custody. They would be able to seek physical custody and/or visitation. They would be able to treat the child as their heir for inheritance purposes.
Of course, they would also have the obligation to contribute to the child’s financial support by paying child support.
Do I Need a Florida Paternity Lawyer for a Paternity Case?
If you are a non-biological father who wants to claim your legal parental rights in Florida, you want to talk to a Florida paternity lawyer. Or you may be a biological father whose name is not on your child’s birth certificate. You may want to claim your parental rights. Whatever your status, you want to talk to a Florida paternity lawyer.
Your lawyer can analyze the facts of the situation and identify the steps you need to take to get the legal rights you want. Also, your lawyer can tell you what obligations you would have to fulfill when you get your parental rights. Whatever your current status, your lawyer can help you, so you can be the parent you want to be to your child.
