How Do I Establish Paternity in Florida?

In legal terms, paternity is defined as the establishment of the father of a child. This includes legal rights and responsibilities for the child. There are generally no situations in which maternity needs to be established. It is generally quite obvious who the mother of a child is. Paternity, on the other hand, is much more complex. It’s not necessarily obvious who the biological father of the child is. There are numerous reasons why an individual would want to establish paternity.

Establishing paternity helps provide the child with a family medical history, health insurance, financial support, and a right to inherit from the father’s estate. It also establishes the responsibility to provide child support. On the other hand, the father will have the right to establish a visitation schedule and custody rights. The father will also have a say in legal decisions that are made on the child’s behalf.

Our experienced Largo, FL paternity lawyers can help you through the process of establishing paternity.

Legally establishing paternity in Florida 

The law provides several ways to establish paternity in Florida. Each way addresses a specific situation. These include:

• Paternity by marriage – When a man is married to the mother of a child when the child is born, he is considered to be the father of the child. The father does not need to take any other action to establish paternity when the couple is married.

• Acknowledgment of paternity – Once a child is born, an unmarried couple can together sign a legal document stating that they acknowledge that the man who signed the document is the legal father of the child. This document can be completed in the hospital following the child’s birth or at a later day. It officially bestows the legal rights and responsibilities of fatherhood on the male signatory.

• Court-ordered paternity test – When there is a dispute concerning the father of the child, it may be necessary to get a court-ordered paternity test from a judge. This test legally establishes the father of the child. The judge will hear evidence regarding the “alleged father.” The judge will then decide whether or not to establish paternity. The judge could order a genetic test to prove who the biological father of the child is.

• Administrative order based on genetic testing – A genetic test or DNA test requires an individual to provide DNA to be tested for paternity. A provider will swab the interior of the alleged father’s cheek and send the samples to a lab to determine if the alleged father is actually the biological father of the child. If the test comes back positive, an administrative order will be issued to legally establish paternity.

• Legitimation of marriage – If an unmarried couple has a child, and they later get married, Florida law will presume that the husband is the legal father of the child once the marriage becomes official. However, to be added to the child’s birth certificate, the parents must send documentation to the Florida Office of Vital Statistics. You will include your marriage certificate, an official acknowledgment of paternity, and an “Affirmation of Common Child Born in Florida.”

Talk to a Largo, FL Paternity Lawyer Today 

Cairns Law, P.A. helps fathers and mothers establish paternity. Call our Largo family lawyers today to schedule an appointment, and we can begin advising you right away.