Paternity can impact legal and physical custody, the right to visitation and time-sharing, and child support obligations. You can only enforce your rights if there is proof that you are a child’s biological parent. Giving birth establishes a mother’s parental rights. Establishing a father’s rights can be more challenging.
Our family law attorneys at the Law Office Of Paulette Hamilton Divorce Lawyers have over 15 years of combined experience dealing with paternity rights in Orlando, Florida. We fight for our clients’ best interests in all aspects of family court matters. Our legal team provides compassionate, trusted, and skilled legal counsel.
Contact us today at (407) 420-2311 for a free case review with our Orlando paternity lawyers. We have extensive experience handling complex matters, including paternity disputes.
How the Law Office Of Paulette Hamilton Divorce Lawyers Can Help You With a Paternity Matter in Orlando, FL
For over a decade, our firm has diligently represented clients in our community. We provide personalized, client-centered legal services and aim to always provide our clients with more than they expect.
When you hire our top-rated Orlando family law attorneys, you can trust that we will:
- Explain how Florida paternity laws impact your situation
- Establish or confirm paternity of a child
- Contest paternity if you do not believe you or another person is the child’s biological parent
- Fight for child custody and visitation rights once paternity is established
- Assist you in paying or receiving a fair amount of child support after proving paternity
- Investigate allegations of neglect, abuse, or other wrongdoing that could make a parent unfit
- Work with you to protect your child’s best interests and well-being
Contact the Law Office Of Paulette Hamilton Divorce Lawyers to schedule a free case evaluation with an experienced Orlando paternity lawyer.
Overview of Florida’s Paternity Laws
Establishing paternity is the process of identifying a child’s biological father. Florida paternity laws provide several ways for parents to establish paternity.
Marriage
The law presumes that the husband is a child’s biological father if the parties are married when the child is born. If the parties get married after the child’s birth, the husband is presumed to be the child’s legal father. However, the parents must provide documentation to the state to have the husband’s name added to the child’s birth certificate.
Acknowledgment of Paternity
A couple can sign an Acknowledgement of Paternity and file it with the Florida Office of Vital Statistics. The form is usually completed at the hospital after the child’s birth. An Acknowledgement of Paternity can only be used when the mother was not married when she gave birth. Either party can revoke the acknowledgment within 60 days of signing it unless a court hearing has been held regarding paternity.
Filing a Paternity Suit
A paternity suit is filed asking the court to order genetic testing to establish paternity. The mother or the alleged father can file a paternity lawsuit.
DNA testing is incredibly reliable for establishing paternity. A DNA sample is taken from the child, the mother, and the alleged father, usually with a cheek swab. State facilities or independent third-party labs may be used to perform the genetic testing.
If the genetic testing shows that the man is the biological father, the court enters an order naming the man as the child’s legal parent. The man’s name is added to the child’s birth certificate as the child’s biological father.
Why Would Someone File a Paternity Lawsuit in Orlando, FL?
A man who is a child’s biological father cannot exercise parental rights unless they are considered the child’s legal father. Unless the father is on the child’s birth certificate, filing a lawsuit is the only way to establish paternity when the mother refuses to sign an Acknowledge of Paternity.
A man may contest paternity if he believes there is a chance that he is not a child’s biological father. Generally, a man contests paternity because they have been ordered to pay child support. They want to ensure they are the child’s biological father before they become obligated to pay support.
Women generally file paternity lawsuits to establish paternity for child support. They cannot obtain a court order for child support unless the man is proven to be the child’s biological parent. A woman may file a paternity suit to prove a man is not a child’s legal father to prevent a man from obtaining custody and visitation rights.
Benefits of Establishing Paternity for the Child and the Father
A child also benefits from having paternity established by the court. A child knows who their biological father is when they grow up. This information could be important for medical reasons. A child may need to learn about their father’s medical history to determine their risk of certain health conditions.
According to Florida’s intestate laws, paternity allows a child to inherit from their father. It also gives the child the right to receive the father’s Social Security and government benefits.
A legal father has the right to petition the court for custody and visitation. They also have the right to be informed if someone tries to adopt the child. Until paternity is established, a man does not have the right to make decisions for their child or be consulted on decisions for their child.
Does Paternity Automatically Grant a Father Custody and Visitation Rights in Florida?
According to Florida law, parents retain equal custody rights when there is no court order determining custody. However, the mother has sole custody of a child born out of wedlock. Once paternity is established, the father can petition the court for custody.
Parents are encouraged to develop a parenting plan and time-sharing agreement that is in the child’s best interest. When parents cannot agree on custody terms, the court makes the decision based on the best interests of the child.
Judges consider numerous factors when determining custody.
Those factors include:
- The physical and mental health of both parents
- A parent’s willingness to encourage and facilitate a relationship between the child and the other parent
- The work responsibilities of each parent, including limitations and flexibility
- A parent’s willingness to respect the visitation agreement and be willing to make reasonable efforts to be accommodating when necessary
- The community, home, and school history of a child
- The role each parent has played in their child’s life to date
- If a parent can preserve a consistent routine for a child
- A child’s reasonable preference for custody if a judge believes the child has the understanding and maturity to express a preference
- The desire to maintain the continuity of a child’s home
- The permanence of each parent’s home
- A parent’s ability to meet the child’s development needs
- Any history of substance abuse, domestic violence, neglect, or child abandonment
- How much of their parental responsibilities a parent will expect a third party to perform (i.e., hiring a live-in nanny, using babysitters, etc.)
Judges may also consider other factors to determine a child’s best interests. Even if the parents agree on child custody and visitation, the court reviews the agreement. If the judge believes the agreement is not in the child’s best interest, they may modify the agreement.
How Do Courts Determine Child Support After Paternity Is Established?
Parents are legally responsible for financially supporting their children while they are minors. Even if the parents do not live together, they must contribute to providing for their child’s needs.
Child support is usually paid by the non-custodial parent to the custodial parent. The Florida Child Support Guidelines provide a presumptive amount for child support obligations. However, judges may deviate from the guidelines for specific circumstances.
The primary factor for calculating child support is the net income of both parents. Net income is determined by subtracting allowed deductions from a parent’s gross income.
Gross income includes wages, pension, retirement income, interest income, Social Security, commissions, workers’ compensation, and other forms of income. Allowed deductions include taxes, insurance payments, spousal support, required union dues, court-ordered support of other children, and mandatory retirement contributions.
In addition to the net income for both parents, child care costs, health insurance premiums, and the number of overnight visits with a parent impact the amount of child support payments. Parents can negotiate child support, but the court will review the agreement to ensure it complies with the law.
Schedule a Free Case Evaluation With an Experienced Orlando Paternity Attorney
Paternity matters can be stressful. The experienced Orlando paternity lawyers at the Law Office Of Paulette Hamilton Divorce Lawyers can help. We will protect your rights and assist you in resolving questions about paternity. Call today to schedule a case review.
