Understanding The Basics Of Paternity In Florida

In this article, you can discover…

• How paternity law works in Florida.
• How to establish your legal rights to care for your biological child.
• The implications of paternity on child support in Florida.

How Is Paternity Generally Established In Florida?

Under current Florida law, paternity may be established by simply being listed on a child’s birth certificate as the father, by the filing of a voluntary acknowledgment of paternity, or through an adjudicated hearing.

Paternity can also be established through a DNA test to determine a child’s biological father on a genetic level. 

Is Having The Father’s Name On The Birth Certificate Enough To Establish Paternity In Florida?

Yes. Under new statutes in Florida law, simply having your name on a child’s birth certificate created a legal presumption that you are the biological father. However, this will not give you automatic time-sharing rights to that child. Nor does it grant parental responsibility. 

With regard to time-sharing rights and parental responsibility, you and your attorney will have to go to court and make this request or file a paternity action for these rights to be established. 

Attorney Eve McClurg is a dedicated and long-serving lawyer based in Florida. For over 20 years, she’s helped clients just like you understand the nuances of Florida paternity and family law and establish rights to their children.

Have questions about paternity law or your rights as a father?
Contact The Law Firm of Eve McClurg at (239) 334-4383 today. 

Is The Biological Father The Only Person Who Can Be Legally Recognized As The Father?

No. A child born within an intact marriage is legally designated as the husband’s child, even if he did not physically father them. 

For many years in Florida, a non-married biological father had few rights, especially if he fathered the child with an already-married woman. Recent changes to Florida law now make it possible for the biological father in that situation to establish paternity and petition for his rights as a father. 

This may take the form of a simultaneous divorce for the married couple, a disestablishing of the husband’s rights over that child, and an establishment of paternity for you as the biological father.

To navigate your rights as a father in more complicated scenarios, taking the help of a veteran and sympathetic family law attorney is extremely helpful. They can help you appeal past rulings, navigate family law, and help establish your rights as a parent. 

Do I Still Have To Pay Child Support If I Have Successfully Disestablished Paternity?

If you have legally disestablished your paternity through DNA testing and a successful court petition and are current on all previous child support payments, you are no longer obligated to pay child support. 

A family law attorney can help you navigate the process of disestablishing paternity, asserting your rights as a non-parent, and allowing you to move forward financially and personally. 

For more information on Understanding The Basics Of Paternity In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.