According to the National Vital Statistics Reports, approximately 40 percent of children born in 2013 had unmarried parents. Every state has its own laws in place to establish paternity in such scenarios; however, merely establishing paternity does not necessarily mean that you will achieve your ultimate custody or child support goals.
According to The Florida Bar, a man can prove he is the biological father of a child and still fail to secure parental rights over that child. For example, if a man fathers a child with a woman who is married to someone else, he may have no parental rights whatsoever.
If you are concerned about your parental rights as a mother or a father, turn to Sandy B Becher PA. Our firm has been helping clients resolve custody and paternity issues throughout Florida for more than 20 years. Call 305-860-5811 to schedule a consultation with a family attorney in Miami.
How Is Paternity Established in Florida?
There are several legal ways in which you can establish paternity in the state of Florida. One of the most common is through marriage. If the mother is married when she gives birth, the court presumes the husband is the legal father unless there is a dispute over his paternity status.
You can also establish paternity through legitimization. This is the process of getting married after the child is born.
If the couple is not married when the child is born, they can sign a voluntary acknowledgement of paternity. By signing this form, the man will obtain all legal rights and responsibilities of fatherhood. These include the responsibility to provide financial support for the child in question.
If the alleged father does not want to sign an acknowledgement of paternity and denies that he fathered the child, the Florida Department of Revenue can arrange genetic testing. If the results indicate that the man is the father, the Department will issue an Administrative Order of Paternity, and the Florida Office of Vital Statistics will add the father to the child’s birth certificate.
Such an order will allow the mother to collect child support without having to go through the court; however, if the father wants to obtain visitation time or other legal rights over the child, the couple will have to go to court. The Department of Revenue only has jurisdiction over child support orders.
If you believed that you were the father of a child and proceeded to pay child support but DNA testing later proved that you are not the father, you can challenge the original paternity arrangement. Doing so is incredibly challenging, though, and you should talk to an attorney to determine your options.
If you are in the middle of a paternity dispute, turn to Sandy B Becher PA for comprehensive legal guidance. Call 305-860-5811 to schedule a consultation at our family law firm in Miami. You can learn more about child custody and paternity in Florida by visiting child-custody.usattorneys.com/florida.
