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Paternity

Paternity cases are filed in family court when a child is born by two parties who are not legally married. For these unmarried parents, establishing paternity is the critical first step to securing parental rights, including custody, timesharing, and the ability to make decisions about your child’s upbringing. Without legal paternity, you may find yourself shut out of your child’s life, regardless of your biological connection or your commitment to the child.
Paternity cases can be the most emotionally charged and legally complex matters in family law.

Ways to Establish Paternity in Florida

1. Voluntary Acknowledgment of Paternity

If both parents agree on paternity, they can sign a Voluntary Acknowledgment of Paternity form, which is signed while still at the hospital under oath by both parents. 

However, signing this acknowledgement does not establish parental rights and time-sharing with the child.

2. Court-Ordered Paternity Action

A Petition to Establish Paternity is a court action filed by one parent, mother or father, to establish time-sharing, parental responsibility, and child support. Sometimes, if a Mother is receiving government benefits, the Department of Revenue (DOR) will automatically initiate a Child Support action. In cases started by the DOR, a father may need to pay child support but does not get visitation or parental rights unless he files his own petition. Court-ordered paternity clarifies the legal father’s responsibilities and ensures the child's welfare is recognized by law. Legal representation helps navigate these complex cases, so your interests are protected.

3. DNA Testing to Determine Paternity

In some cases when paternity is contested, a Court can order genetic testing (DNA testing).

If someone files a paternity claim before a child is born, the court can order genetic testing, but the final legal finding happens after birth. DNA evidence strengthens paternity claims for custody and support. It gives families a clear answer about parentage and helps them plan for the child's needs. Once results are available, an attorney ensures the court accurately recognizes all legal rights and responsibilities tied to the finding.

Why You Need a Paternity Attorney

Stop Unfair Situations Before They Start

Without proper legal representation you can find yourself trapped in an unfair situation.


Don’t Lose Access to Your Child

You may be denied access to your own child or face financial obligations that don’t account for your actual circumstances.


Get the Protection You Deserve

A skilled paternity attorney protects your interests and ensures you’re treated fairly throughout the legal process.  

PATERNITY FAQS:

  • How Do I Pursue the Disestablishment of Paternity in Florida?

    Disestablishment of paternity in Florida lets a man challenge his legal paternity. Governed by Florida Statute § 742.18, it requires filing a court petition showing non-biological paternity, usually with DNA evidence and proof of signing an acknowledgment or being adjudicated as the father through fraud, duress, or mistake. The petition must be filed within a year of discovering non-paternity unless exceptions apply. Courts prioritize the child’s best interests; disestablishment can be denied if a parent-child relationship exists or if it harms the child. This complex legal process demands expert legal help due to strict deadlines.

  • How Do I File for Paternity in Florida?

    To initiate a paternity case in Florida, you must file a Petition to Determine Paternity at the circuit court in the county where you, the mother, or the child lives. The petition must include details about both parents, the child, and your request for the court to establish paternity. You must serve the petition on the other parent following Florida’s rules for service of process. If paternity is contested, the court will typically order genetic testing. After testing, a hearing will be held to review the results and decide whether to establish paternity. If paternity is confirmed, the court can also address issues like child support, parental responsibility, and timesharing in the same case. Since paternity actions follow specific procedures and deadlines, consulting with an experienced paternity attorney can help ensure your case is filed correctly and your rights are protected.

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