Father’s Rights Cases
When most people hear the phrase “paternity case” they generally think of “child support” and/or a “dead-beat” dad. However, in today’s world most paternity cases are brought by fathers trying to exercise their parental rights.
When a child is born out of wedlock, a father (even one on a Birth Certificate) can find it extremely difficult to spend time with his child if the parents are not together romantically. If a child is born to a married couple and they divorce, the law requires that they, among other things: 1) take a Parenting Class and 2) have a Parenting Plan established that addresses issues of schedules, where the child will attend school, doctors, etc. However, if the parties are not married and the relationship ends, there is no mechanism in place to force parties who are no longer getting along to co-parent.
Even worse for these dads is the fact that law presumes the unwed biological mother to be the legal guardian of the child, but not the biological father. If the parties are married however, both parents are presumed to be the guardians. This presumption of who is the guardian can lead to a result where a father’s access to his child is completely at the whim of the mother.
By filing a Petition to Establish Paternity, a father asks a Court to give him the same rights as those of a married father and to have a Parenting Plan established. Procedurally, the case is very similar to a divorce except the issues are limited to only those related to minor children.
If the frustrated father described above sounds like you or someone you know, please contact Mr. Bragg today to set up a consultation to find out more.
Call Adam Bragg today at (941) 893-1555 or use the form to the right to request more information.