The Law Office of Maximilian Smith, Esquire
Frequently Asked Questions: Paternity
Q: My ex-girlfriend is having my baby soon. Do I need to talk to an attorney?
A: Absolutely. The sooner that you speak to an attorney, the better. Many times the hiring of an attorney early on can prevent crucial mistakes from being made.
Q: My girlfriend and I broke up two months ago. We were never married, but have a 1 ½ year old. I signed the birth certificate - what are my rights?
A: Technically, the signing of the birth certificate does not give you ANY rights, it only raises a 'legal presumption' that you are the father. To exercise your rights as a father, you need to hire an attorney and file a paternity action.
Q: My child's father doesn't pay child support, so I have not let him see the child. Now he is threatening to take me to court - what do I do?
A: The law in Florida is clear - child support and visitation are MUTUALLY EXCLUSIVE, meaning the one has nothing to do with the other. You cannot prevent a parent from seeing the child because of failure to pay child support. If you need help collecting child support, give us a call.
Q: I went to Child Support Enforcement at the courthouse 11 months ago, and I still haven't received any payments. What else can I do?
A: You can always hire an attorney to assist with collecting child support. We have an investigator that can help in locating the other parent, and serving the other parent with court papers. This method is not free, but is MUCH more effective.
Furthermore, with a formal Paternity action, if the other parent pays late or misses payments, we can have them held in contempt, and eventually jailed for failing to pay. Many times we can also have them held responsible for attorney's fees in relation to the contempt proceeding.
Q: The Department of Revenue has served me with child support papers. I only had sex with her 3 times, and each time was with a condom. The child looks NOTHING like me. I KNOW I am not the father - what are my rights?
A: First, you do NOT know that you are not the father. Condoms are only 97% effective when used properly. Whether the child looks like you or not has absolutely NO BEARING on whether you are the father. If you have ANY reason to suspect that you are not the father, you should contact an attorney right away. The longer you wait, the more expensive it will be to deal with it later.
Q: I just had a baby, and the child's father left me right after the birth. What can I do to establish that he is the father, set up a visitation schedule, and start child support?
A: You can go to Child Support Enforcement through the Department of Revenue, or you can hire an attorney and file a formal Paternity action.
The Department of Revenue [DOR] is an administrative agency, and does NOT have the authority to make a judicial determination of paternity. The DOR cannot rule on visitation or custody, either. The best way to accomplish all of your goals is to hire an attorney and file a case in Circuit court.
Q: I was just served child support papers, and I do not believe I am the father. Do I really need an attorney?
A: No. You do not really need an attorney. HOWEVER; the Department of Revenue and the courts have strict rules that have to be followed, and if you make a mistake, and are ordered to pay child support, it will be expensive to fix it later. You probably will never be able to get any child support payments refunded, and if you are behind or get behind, the law says you cannot disestablish yourself as the father until you are caught up. The hiring of an attorney early can save thousands, and give you peace of mind. Many think of it as cheap insurance to make sure your rights are protected.
Q: I am a single mother. My child's father pays a little here and there, but has not really helped cover the expenses of raising our daughter. Our child is five years old - can I collect child support for the past five years?
A: No. By statute, you can go back two years prior to the filing of your paperwork.
Q: I just broke up with my longtime girlfriend, and we have two children together. I helped raise them, taught them to walk, to ride a bike, etc., and I can't stand the thought of only seeing them every other weekend. Do I stand a chance?
A: Absolutely. The law in Florida gives no preference to either the mother or the father for custody. However, like many things, you have to exert your rights in order to protect them. If she won't let you see your children except every other weekend, call an attorney immediately. The longer you wait, the more it looks like you were satisfied with the arrangement. The sooner you act, the better.
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