As a Jacksonville, family law lawyer, I find that most people do not know that when parties are not married and have a baby that the father is not legally considered to be the father until a Judge signs off on an order saying he’s the father. EVEN IF HE’S LISTED ON THE BIRTH CERTIFICATE! In Florida, if the parties are not married, just like Halle Berry and her ex beau, then the courts do not automatically assume that the man is the father. One party has to file a Petition For The Determination Of Paternity in Florida. Even Halle Berry had to cancel her film shoot to file a Petition For Paternity so that she and her child’s father can work out a livable solution concerning custody of their child. Without this legal document, Halle Berry’s ex has no legal rights to their child.