Child Born Out of Wedlock
The mother of a child born out of wedlock is the natural guard ian and has the primary duty of support.” The term “born out of wedlock” generally refers to a child who was neither born nor con ceived of a legally recognized marriage. The terms “bastard” and “illegitimate” are disfavored, but the term “illegitimate” still appears in some court opinions. A child who is either born or conceived in wedlock is presumed to be a child of the marriage.
The father of a child born out of wedlock also owes a duty of support, unless the child has been adopted by another man. The father’s identity may be established by any of the following procedures:
1. A paternity action.
2. The father’s marriage to the mother.
3. A foreign judgment of paternity.
4. The father’s acknowledgment of paternity.
A court may order support for a child born out of wedlock retroactively to the date of birth with a maximum retroactive period of two (2) preceding the date of the filing of the child support lawsuit. To determine the amount of child support that is necessary, a child born out of wedlock is treated as a child born of a marriage.
The willful failure of the parents to provide support to a child born out of wedlock is a felony. A man cannot be held criminally liable for a failure to support such a child, however, unless a court of competent jurisdiction has first determined that he is the father.
It is important to note that just because a child suppot order has been entered, the father has no rights of shared parenting or contact with the child until a court has adjudicated the father’s rights. After being served with a child support lawsuit, a father should hire an attorney if that father wishes to establish his rights of contact with the child, establish a parenting plan, and become involved in the child’s life.
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Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.