31. Legal Father vs. Biological Father

In today’s society, it is common for couples to have children prior to marriage.  As a result, it is extremely important for fathers to know their rights.  Although it may seem as though a biological father and a legal father are one in the same, that is not always the case.  Believe it or not there is a distinction between a biological father and a legal father, and the distinction can have financial consequences.

A biological father is identified by the man that indeed “fathered” the child, whereas, a legal father is the man that has the legal rights and resulting responsibilities to the child. A child’s legal father can be established by biology, marriage, adoption, or court ruling.

Florida law establishes a legal father to be a man that is either the natural (biological) father, adoptive father, or the man who has contracted to care and support the child.  Contracting to care for a child is becoming more and more prevalent in our society; therefore, this is a topic that all men and even mothers should be aware of.  For example, if a man allows himself to be listed on the birth certificate and holds the child out as his own for a significant period of time, the man may be deemed the legal father and be responsible for child support obligations.  Of course, this legal father would be entitled to visitation with the child.

If you have such an above situation, you should hire an experienced family law attorney.  Mackey Law Group’s highly skilled attorneys can assist in determining exactly what your rights are.  Call us: (941) 746-6225.

By: Alison Breiter, Esq.