Paternity laws vary from state to state making it difficult for parents to know what to expect. Here are answers to some frequently asked questions regarding Florida paternity laws.
I CHILDREN BORN OUTSIDE MARRIAGE
The Mother is the natural guardian of a child born out of wedlock and is entitled to primary residential care and custody unless a Court order establishes otherwise:
- Because the mother is the sole custodian of a child born out of wedlock, she may leave the State before a paternity order (order establishing the identity of the father) is entered by the court
- She cannot be ordered to return until a paternity order is entered
- Until paternity is established the putative (alleged) father has no standing to ask the Court to pick up the child, to obtain custody or to prevent leaving the state
II BIRTH CERTIFICATE AND PUTATIVE FATHER REGISTRY
The courts have held that the requirements associated with the execution of a birth certificate can be considered to be a voluntary admission of paternity but does not establish paternity. Likewise, an entry in the Father registry does not establish paternity.