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Biological dad denied all parental rights because mom was married

A Florida father is suffering after the birth of his child because he does not have any parental rights over the child and he's unable to get visitation rights over the child. There is no disputation that the man is the biological father. The problem is that unbeknownst him, the boy's mother was already married to another man.

Since the mother who gave birth to the boy was already in an intact marriage, the woman's husband will automatically receive all fatherhood rights. The biological father will not be able to see his son. Nor will he be able to support, help raise, visit or talk to his son. According to Florida family law, when children are born into intact families, if the biological father is another man, the biological will not have any custody rights.

Considering that 40 percent of children are not born to married mothers, and non-traditional family structures have been embraced throughout the country, it seems strange the law would deny a biological father all parental rights like this. However, Florida law seeks to protect all children from the stigma of being born illegitimately, even in contravention to the truth of the matter.

Although the man attempted to challenge the law in order to receive parental and visitation rights regarding his son, he lost the case. His family law attorney now hopes to challenge the decision by appealing the matter to the Florida Supreme Court.

Sometimes, parents in similar situations to the man described above do not have to file a legal action to obtain their parental rights. In many cases, out-of-court family law negotiations can peacefully achieve favorable results in the best interest of all parties involved. Also, when court proceedings are necessary and an unfavorable result is received, there may also be the chance of appealing the matter to a higher court, as was done in this Florida family law case.

Source: Palm Beach Post, "Biological dad cut out of life of child produced during affair," Jane Musgrave, Jan. 07, 2017

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