Man Denied Rights to Child

A man in Florida found out his girlfriend was pregnant in 2014 and was thrilled. Just before his son was born, the man set up a baby shower for his family so that they could celebrate his life event. The only person who didn’t show? The pregnant girlfriend. She then refused to return phone calls and texts.

Ultimately, the events at the baby shower and immediately after, marked the end to the man’s relationship with his child. His girlfriend, it turns out, was married to another man and they will raise the baby together. The man, therefore, has no right to his child.

It seems strange for a father who wants to be involved to be shunned, but it is all legal according to Florida law. When a child is born into a marriage, if the husband chooses to raise the child, the biological father has no rights. It is a law that judges and lawyers agree needs to be changed.

The child was conceived while the woman was living with the biological father. She was separated from her husband but ultimately returned to him. The man remained friends with the woman, attending doctor’s appointments and undergoing testing to confirm his role as the biological father. The man doesn’t want a relationship with the woman again, he just wants a relationship with his child.

For now, the man has no legal rights to his child. He plans on fighting for paternity rights, something he believes he shouldn’t have to do, as it has been proven he is the father. He expects that he will have to take his case all the way to the Florida Supreme Court because the law has been in effect for so long.

If you need assistance with a paternity issue in Orlando, reach out to our team of experienced attorneys for a free case evaluation.

About the Author
Andrew Nickolaou, Esq., B.C.S., is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew and his partner, Ophelia Bernal-Mora, Esq., B.C.S., joined forces in March 2016 to form the unique and boutique husband and wife family law team at Bernal-Mora & Nickolaou, P.A. Together, Andrew and Ophelia take a practical and team-based approach to all of their cases and clients to deliver the highest quality experience and representation.