Full question:
If a mother is married to someone other than the biological father, and husband and the mother were married any time in the ten-month period before the baby is born or when the baby is born, is yhe husband presumed to be the childs legal father?
- Category: Paternity
- Subcategory: Marriage
- Date:
- State: Florida
Answer:
If a mother marries the reputed father of her child after the child's birth, the child is legally considered the child of both parents, as if born within wedlock. In Florida, paternity can also be established through a notarized acknowledgment of paternity or by adjudication from the Department of Revenue (Fla. Stat. § 409.256).
A paternity action is typically a civil lawsuit. The mother, the alleged biological father, the child, or certain state agencies can initiate this action. The court may require paternity tests if there is sufficient reason to do so. If a man is married to the mother during a specific time before the child's birth, he is presumed to be the father, but this presumption can be challenged with clear evidence, such as DNA testing.
If a biological father is identified as someone other than the presumed father, he may be granted visitation rights and other responsibilities.
For more information on Florida laws regarding paternity, see Fla. Stat. § 742.091 and Fla. Stat. § 742.10.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.