Florida Paternity Law

If a couple has a child but is not married, a court has to step in to officially establish the paternity of the child. The action can be brought by the mother, the father, or your county’s Child Support Services agency.

There are many false beliefs about how paternity is established in Florida. For one, the father’s name on the birth certificate does not establish paternity, although it can be used as evidence of paternity. For another, a court order for child support does not establish paternity, either.

A father has absolutely no rights to a child unless paternity is established either by marriage or by a court.

For a father to establish his rights, he must file a Petition to Determine Paternity and acknowledge he is the father. If the mother disagrees, he may be required to take a DNA test. He will then be able to establish visitation and child support.

The mother or father can ask for an administrative order for a DNA test, which can establish paternity without going to court. A court can also order the same DNA testing.

Whether you are a mother or father trying to establish paternity, or a putative father who wants to fight a paternity action, we can represent you in all of the complexities of this action.