The Ins And Outs Of Establishing Paternity In Florida

Establishing paternity is the legal process of determining the identity of a child’s biological father for visitation and child support purposes. In Florida, there are a few different ways to go about determining paternity, including marriage, voluntary acknowledgement, and a DNA test and court order.

Establishing Paternity Through Marriage 

Under Florida law, a child that is born to a couple during a marriage is automatically presumed to be the biological child of the mother’s husband. Even if the mother is unmarried at the time of the child’s birth, it is still possible to establish paternity of a child if she later marries the child’s father. In these cases, the parties will need to establish paternity voluntarily when applying for a marriage license. At that point, the father’s name will be added to the child’s birth certificate.

Establishing Paternity Through Voluntary Acknowledgement 

The next simplest way to determine paternity in Florida is for the parents to sign a voluntary acknowledgment of paternity form. Both will need to sign this document in the presence of a notary public or witness and then file it with the health department, which will then issue an amended birth certificate.

Establishing Paternity Through a Court Order 

If a child’s father is unwilling to admit paternity voluntarily, then either parent can ask the court for an official determination. This in turn, will require the administration of a DNA test, with samples taken from both parents and the child in question. If the results indicate that a man is the child’s father, then he can be ordered to pay child support and will also have the right to visitation. Of the three main options for establishing paternity, this is perhaps the most stressful and time-consuming, but does offer definitive and objective proof of fatherhood.

Parental Rights and Obligations 

All three of the options for determining paternity will result in the establishment of certain parental rights and responsibilities for the father. As we mentioned previously, biological fathers have the right to seek custody or visitation with their child. They also, however, now have an obligation to financially support their children as well through monthly child support payments. Another advantage of establishing paternity is that it gives children the right to inherit from their father’s estate and provides access to certain benefits, like healthcare and social security. Finally, establishing paternity gives a child access to the other side of his or her family’s medical history, which can be critical in helping diagnose hereditary medical conditions.

Schedule a Consultation Today 

Besides the financial and health-related benefits of establishing paternity, knowing who a child’s father is can play an important role in that child’s development. Having a connection to both parents, as well as extended family on both sides, has been shown to be beneficial to a child, giving them a better sense of self and a feeling of confidence. If you have questions about your own parental rights and obligations as a father, please call experienced Fort Lauderdale paternity attorney Sandra Bonfiglio, P.A. at 954-945-7591 today.

Sources: 

floridarevenue.com/childsupport/Pages/paternity.aspx

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/0742.html