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Child born outside of marriage

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New member
Can you be a little more specific as to your question? It's usually helpful to spell out 1) who you are in this situation, 2) what the situation is, and 3) what your legal concern is.
I'm the mother, currently there is no situation, I'm just looking to see what legally can be done on both sides if a situation was to arise.


Queen of the Not-Rights
I'm the mother, currently there is no situation, I'm just looking to see what legally can be done on both sides if a situation was to arise.
What sort of situation are you anticipating?

But, in general, the father is legally compelled to pay child support once paternity has been established. If the father hasn't already done so, he should get a DNA test done through the courts. Then he and the child's mother should come to an agreement as to visitation.

Taxing Matters

Overtaxed Member
What is the flordia law on a child born outside of a marriage when the father was married but not the mother?
Let's suppose that Amy, an unmarried woman, has sex with Brian, a married man, and Amy gets pregnant from that encounter and has a child, Carrie. Brian would not be obligated to pay child support to Amy or have any rights to custody or visitation with Carrie until his paternity of the child is established. That can be done either by Amy and Brian voluntarily executing an affidavit of paternity (AOP) or by one of them going to court to get a court order of paternity.

Pretty much every family law attorney would tell Brian not to execute the AOP in case it turns out that Amy has had other lovers that Brian didn't know about and that the kid is actually the child of one of those other lovers. Brian would not want to be on the hook for child support for a kid that is not his.

Once paternity is established, Brian has all the rights and obligations of a parent to Carrie. He has to pay child support. He has the right to custody/visitation with Carrie (assuming he is not determined unfit). However, Brian's wife Daria has no rights or obligations with respect to Carrie. Daria will need to be a bit careful about not overreaching in her role as a step parent so as not to interfere with Amy's rights and role as Carrie's mother. Daria may be understandably upset with Brian for the affair and the out of wedlock child, but about all she can about it is divorce Brian as a result of his affair and hopefully find another guy who won't violate the trust she puts in him.
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