Family Law Blog


Just when you thought that Arnold Schwarzenegger was driving off into the sunset after his stint as California’s governor, be aware:  He’s baaack!  And with a love child to boot.

Sometime during his marriage to Maria Shriver, the Terminator recently admitted that he fathered a child with a household staffer.   That child is now a teenager and according to published reports, Mr. Schwarzenegger has been financially supporting his son or daughter. 

California laws are different than Florida’s, but if that situation occurred here, Chapter 742 of the Florida Statutes would govern this type of paternity action; specifically, §742.10, F.S. which governs the establishment of paternity for children born out of wedlock.

In Florida a child born out of wedlock does not have a legal father if the mother is not married when the child is born[1].   There are several ways to establish a child’s paternity, including marriage, filing an acknowledgment of paternity or by an administrative order after genetic/DNA testing has been done and proves fatherhood.

Paternity or legal fatherhood is good for children because it gives them, among other things, access to financial support from the parents; heredity and medical information; and Social Security benefits.

If Arnold had been thinking all those years ago before straying in his marriage, then maybe now his wife wouldn’t be saying, “Hasta la vista, baby.”


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