Children born outside the inside of a marriage:

By Attorney Kristal Knox:  Many people do not know that children that are born to a mother who is married to someone other than the child’s father have a legal father and a biological father.  In most cases, the biological father has no rights to the child under Florida law..  Should the legal father of the child choose to do so, he can assert his rights which are superior to that of the biological father.  The State of Florida’s public policy is to ensure that a child is legitimate if at all possible, even at the expense of the biological father.  Should the biological father choose to pursue a paternity suit against the mother of the child, she must join the legal father (the mother’s husband) as a defendant.  Should he not choose to not assert his rights, paternity can be disestablished for him and established for the biological father.  Until paternity is disestablished, the legal father is on the hook for child support.  Moral of the story:  Retain the Divorce Center to help you obtain a divorce PRIOR to having a child with another man OR before your significant other has a child with another man.

Kristal Knox practices custody law in Clearwater, Florida