Paternity Law: Establishing Paternity in Florida

Paternity testing can be an emotionally charged issue. Arriving at a successful outcome of a paternity case requires an experienced attorney. At Parra Harris Law we are experienced in paternity cases and we are ready to step in and assist you.

Paternity is the legal recognition of a man’s relationship to a child as a parent, between himself and the child. It is therefore extremely important to determine the father’s rights and obligations to the child. We can represent fathers and mothers in legal paternity cases. Unmarried fathers should establish paternity to claim their rights as a parent and participate in raising their child.

  • Paternity testing is not just for child support cases. There are many reasons why testing for paternity is important, such as:
  • Identifying a Medical Condition: If a father has a medical condition it is important that the child be aware of potential future medical issues
  • Child Support: Obtaining child support you’re your minor child
  • Being Released from Child Support: If you are paying child support for a child that is not your own
  • Insurance: Covering a child under his father’s medical plan, or as a beneficiary of life insurance
  • Estate Planning and Probate: Paternity may affect settlement of a father’s estate and probate proceedings if a will is not in effect.
  • Obtaining a Visitation Schedule: You can ensure that you will be involved in the raising of your child
  • Determining Child Custody: Paternity can protect your rights as a legal guarding of your children.
  • Social Security and Other benefits: In certain situations a child may qualify to receive Social Security or other benefits in the event of their father’s disability or death.

Regardless of your reason for seeking a paternity case, we can help handle the situation with compassion. Please contact Parra Harris Law to set up a consultation.

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Paternity FAQs Answered by Parra Harris Law

What does it mean to "establish paternity"?

Establishing paternity is the legal process of identifying a child’s legal father. Once paternity is established, the law formally recognizes the father-child relationship. This provides the child with legal access to support, inheritance rights, and medical records, while granting the father the right to seek timesharing and participate in decision-making.

How is paternity established in Florida?

Under Florida Statute § 742.10, there are several ways to establish paternity:

  • Voluntary Acknowledgment: Both parents sign a “Voluntary Acknowledgment of Paternity” form at the hospital or later at the Florida Bureau of Vital Statistics.
  • Administrative Order: Through the Florida Department of Revenue’s Child Support Program.
  • Court Judgment: Filing a formal petition in circuit court to establish paternity, which is often necessary if the father’s identity is disputed or if one parent refuses to acknowledge paternity.

Why should I hire an attorney for a paternity case?

Paternity cases often involve sensitive emotional dynamics and complex legal requirements. An attorney at Parra Harris Law can assist by:

  • Drafting and filing the necessary pleadings to ensure your case is heard properly.
  • Navigating the discovery process to secure necessary evidence.
  • Representing you in court to negotiate a parenting plan that protects your long-term relationship with your child.

Is a DNA test always required to establish paternity in Florida?

A DNA (genetic) test is not always required, but it is the most common and definitive method used if paternity is contested. Per Florida Statute § 742.12, if a party denies paternity, the court may order genetic testing. If the test reveals a statistical probability of paternity of at least 95%, it creates a rebuttable presumption that the individual is the biological father.

Do I need to go to court to establish paternity?

Not always. If both parents agree on the identity of the father, the process can often be handled administratively. However, if you need a court order for timesharing, parental responsibility, or child support, you must file a Petition to Determine Paternity in the circuit court (Florida Statute § 742.011). Simply signing a birth certificate does not automatically grant a father the right to timesharing; a court order is required to make those rights enforceable.

What rights does a father get once paternity is established?

Once a court order for paternity is entered, the father is no longer just a biological parent; he becomes a legal parent with the same rights as a father in a divorce case. Under Florida Statute § 742.031, the court can then order:

  • Timesharing: A specific schedule dictating when the child spends time with the father.
  • Parental Responsibility: The authority to share in major decisions regarding the child’s education, healthcare, and religion.
  • Child Support: A legal obligation to contribute to the child’s financial well-being.

Can a mother seek child support without establishing paternity?

No. Child support obligations cannot be legally enforced until paternity is officially established. If you are a mother seeking financial support, filing a paternity action is the necessary legal pathway to obtain a court-ordered support obligation under the Florida Child Support Guidelines.

What if I believe I am the father but the mother denies it?

If you believe you are the biological father and the mother refuses to acknowledge it, you have the right to file a petition to legally establish your status. By taking this step, you can compel genetic testing and, if paternity is confirmed, seek the legal rights to see and support your child.