Children’s Rights in Florida

Protecting the Rights of Minors from Our Maitland Office

A child born out of wedlock is entitled to the same legal protection as a legitimate child. For example, a child born out of wedlock may not be denied the right to pursue a legal action for his or her mother's wrongful death; the right to seek support from his or her natural father; or the right to seek disability or other benefits that are available to legitimate children under the Social Security Act.

Do you have questions about children's rights? Contact our Maitland children's rights lawyer at The Troum Law Firm, P.A., to discuss your legal questions.

Children Born Out of Wedlock

An illegitimate child must also be treated in the same way as a legitimate child with regard to his or her rights of inheritance and intestate succession from both the mother and the father.

A minor child born out of wedlock has a right to the following:

  • Support from both parents
  • The same right of support from its natural father as a legitimate child
  • A right to seek child support apart from the right of his or her biological mother

In addition, the mother and the father cannot contract away the right of the minor child to receive child support or release the father from his obligation to pay child support. A minor child also has the standing to file an action for the determination of paternity.

Child Born in Wedlock

A child born to or conceived by married parents is presumed to be legitimate and the child of the husband and wife. This presumption of legitimacy protects the child's interest and welfare. This presumption is not affected by the dissolution or annulment of the parent's marriage or by the father's death, if these events occur after conception. This presumption is, however, rebuttable under certain circumstances.

Questions? Trust in Our Firm for Answers.

It may be helpful to discuss with an attorney the various issues in a paternity case including your questions concerning the rights of a minor child

At The Troum Law Firm, P.A., our Maitland children's rights lawyers serve clients throughout Orange and Seminole Counties. Request a consultation today!