What Fathers In Florida Need To Know About Paternity

How Is Paternity Defined In Florida?

Paternity in Florida is the legal process of recognizing a man as the father of a child. While biological paternity may be established through conception or surrogacy, legal paternity is not automatically granted, particularly for fathers. Unlike mothers, who are presumed to be the legal parent at birth, fathers do not receive this presumption.

Legal paternity can be established by signing the birth certificate or through a notarized voluntary acknowledgment of paternity, which becomes binding after 60 days unless contested. Notably, recent changes in Florida law, effective as of July 2023, now grant fathers who sign the birth certificate legal parent status, ensuring equal rights and responsibilities.

What Legal Rights Do Fathers Have After Establishing Paternity In Florida?

Once paternity is established in Florida, fathers gain crucial legal rights. These include the right to participate in major decisions affecting the child’s life, such as their education, medical care, and religious upbringing. Fathers also have a say in matters related to the child’s schooling, healthcare, and any special educational needs.

Additionally, establishing paternity allows fathers to pursue time-sharing, which governs how much time the child spends with each parent. Florida law presumes that equal time-sharing is in the child’s best interest, granting fathers the same rights as mothers without any sex-based bias in custody decisions.

What Are The Benefits Of Establishing Paternity For The Child?

Establishing paternity offers several important benefits for the child. One significant advantage is the legal right to inherit from the father, ensuring the child is recognized as a lineal descendant. It also secures the child’s entitlement to financial support from both parents, helping to ensure they have the resources necessary for their upbringing.

Beyond financial support, establishing paternity clarifies parental responsibilities, providing the child with both the financial and emotional support needed throughout their life.

Laura Arcaro of Arcaro Law Group, P.A. in Florida is a highly skilled attorney specializing in family law. With extensive experience in guiding fathers through the legal process of establishing paternity, Laura ensures that her clients gain the rights they deserve to make crucial decisions for their children's future. She has successfully resolved several contested paternity cases and sees to it that the best interests of both parents and children are protected.

If you need help navigating a paternity case in Florida, contact Laura today for dedicated and personalized legal support.

How Does The Florida Court System Handle Contested Paternity Cases?

Contested paternity cases in Florida start with the filing of a petition to establish paternity. Once filed, the case follows specific legal timelines, putting the family on the court’s radar. 

Before trial, parties are referred to mediation, where they can voluntarily settle the matter. This allows both parents, who know their child best, to make decisions about their child’s future without a judge’s involvement. 

If mediation fails, the case proceeds to trial, where both sides present witnesses and testimony, leaving the final decision to the judge.

How Does A DNA Test Work In A Paternity Case?

A DNA test is often a crucial tool in paternity cases to determine or dispute biological parentage. Even if a father has signed the birth certificate, this doesn’t necessarily confirm biological fatherhood. A DNA test can provide clarity in these situations.

Many clients start with an over-the-counter DNA test to gather preliminary information before deciding whether to proceed with a court-approved DNA test. It’s important to confirm biological paternity because if a man legally acknowledges paternity without this confirmation, he could be held responsible for child support—even if the child is not biologically his.

Can Paternity Be Revoked Or Challenged After It Is Established In Florida?

In Florida, revoking or challenging paternity after it has been legally established is extremely difficult. Once paternity is recognized, it carries significant rights and responsibilities, and the courts place a high priority on the best interests of the child. Parents are encouraged to confirm biological paternity, such as through a DNA test, before legally establishing paternity.

Once set, paternity is hard to reverse, as the courts value stability for the child. Disestablishing paternity, especially after a relationship has formed between the parent and child, can be emotionally confusing and potentially harmful. The court’s primary concern is ensuring the child continues to receive financial and emotional support.

Still Have Questions? Ready To Get Started?

For more information on Paternity In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 546-7280 today.