Paternity establishes who the legal father of a child is. However, establishing paternity is usually only the first step in the legal process of another family law matter, such as child custody or child support. Florida has specific guidelines regarding establishing paternity and fathers’ rights. Here is what you need to know about this important legal issue and the steps you may need to take to show you are your child’s legal father.
Your Rights Are Different If You Are Married
The rules regarding paternity are different depending on whether you were married to the child’s mother at the time of the birth. If you were married or married the mother after the child’s birth, you are presumed by law to be the father and have equal custody rights.
However, you would have no automatic rights if you were not married to the child’s mother. Instead, you will have to take specific steps to receive these rights.
You Have to Establish Paternity Before You Can Get Visitation or Custody
Before you can have visitation or custody of your child, you will have to establish paternity. There are several ways to do this, including:
Marry the Mother
As explained before, if you were married to the mother when your child was born, you are legally presumed to be the father. If you marry your child’s mother after the birth, you can add your name to the birth certificate and request to amend the birth certificate for this purpose.
Sign an Acknowledgment of Paternity
Another way to legally establish paternity is to sign an acknowledgment of paternity. This requires signing the form before a notary public or two witnesses. You must then submit it to the Florida Office of Vital Statistics. If your child’s mother was married to someone else when your child was born, you cannot use this form.
Because signing this form can have significant legal effects, you should avoid signing it if you are not certain of your child’s paternity. If you do sign it, Florida law allows you 60 days to revoke it.
File a Paternity Action
Many fathers must file paternity lawsuits to prove they are their child’s father. Without a legal proceeding or acknowledgment of paternity, a father who has a child out of wedlock will not have the legal right to make decisions regarding the child, such as their living arrangements, education, or health. They also will not have the right to visit with their child.
By establishing paternity of your child, you are providing many benefits, including:
- Showing your child that you acknowledge their genetic relationship to you
- Providing your child with inheritance rights
- Showing your relationship to the child so you can seek health insurance for them
- Giving your child other benefits only available through a legal acknowledgment, such as access to your medical history information and survivor’s benefits
Mothers can also petition a court for paternity. This is common when they are seeking child support.
To file a paternity lawsuit, you explain that you suspect you are the father and ask the court to order genetic testing for the purpose of determining paternity. The parents and the child submit a DNA sample for testing, and the test results are admissible as evidence in court. If DNA testing determines you are the father, the court enters a paternity order naming you as the legal father. Your name can be added to the child’s birth certificate.
Next, you can petition the court for parenting time or child custody. If you and the child’s mother cannot agree on these terms, the court can schedule a hearing to evaluate evidence, listen to testimony, and determine what type of arrangement would be in your child’s best interests.
You Can File a Paternity Action Years Later
Some fathers do not become aware of the possibility that they may be the father of a child until years later. For example, the mother and father might not have had an ongoing relationship, or the mother may not have informed the father of the pregnancy after they broke up.
A father has a right to file a paternity suit until the child is 18 years old. However, simply because you establish paternity does not necessarily mean you will be given parenting time or custody. The court is concerned with what is in your child’s best interests, even if you feel you have lost the opportunity to be part of your child’s life through no fault of your own. In these scenarios, consider hiring an experienced family law lawyer.
You Can Contest Paternity
Various situations can arise in which you might question whether you are the child’s father. The mother could be married to someone else. She could have been in a relationship with someone else around the time of conception or had sexual relations with others, making paternity less certain. You may have a good job and decent income, so the mother might try to target you even if there is not a high probability you are the father.
In these types of situations, you might choose to dispute paternity. You may be able to do so if the mother has filed a paternity action or child support case against you. You can state your position in response to the legal filing. An experienced paternity lawyer can file a motion asking the court to arrange genetic testing to confirm whether you are the father. If the genetic test shows you are not the father, you are not required to financially support the child.
Contact Our Florida Paternity and Fathers’ Rights Attorneys Today
If you have questions about filing a paternity case, contact Law Office Of Paulette Hamilton Divorce Lawyers, for legal advice and assistance. Our firm believes wholeheartedly in a father’s right to be a meaningful part of their child’s life, and we fight aggressively to uphold these rights. We can discuss your particular situation and legal options when you contact us for a confidential consultation.