How can I establish Paternity?
To establish paternity a party (mother or father) must file a paternity action. Thereafter, the Court will establish paternity after reviewing evidence. A few reasons a Court will establish paternity is if a father admits that he is the father, a DNA test reveals he is the father, and an affidavit or birth certificate that was signed by both parents.
What if I don't know who the father is?
The Court can order that an alleged father take a DNA test. This will establish whether the alleged father is the biological father or not?
Why is it important to establish paternity?
Establishing paternity can establish several legal rights such as:
- Legal proof of a parent's identity
- The child knowing who is their biological father
- Obtaining child support for the minor child
- Obtaining medical insurance for the minor child
- Issues related to inheritance, veteran and military benefits, social security benefits, and disability benefits
What if I have acted as the child's father but have recently discovered that I am not the biological father of a child?
An individual who has acted as a father but is not the biological father is referred to as a "putative" father. Florida courts can order a putative father to continue supporting a child that is not actually a biological child. Ordering a putative father to support a child depends on the facts that surround your case. The Court takes these on a case by case basis when ordering a putative father to support a child. For this reason, it is important that a putative father has representation in these types of cases.
What if the father lives in another State?
In Florida, the Department of Revenue may bring a case against an alleged father even if the alleged father is in another State. Many times, because of the amount of cases that the Department of Revenue has, these types of cases may take longer. An attorney is appointed to a party who desires to have the Department of Revenue file their case on their behalf.
What does the Court establish in a paternity action besides paternity?
If the case is filed by the Department of Revenue, child support and medical insurance for the minor child can be established. If a paternity action is filed by one of the parents, the Court can determine custody/parenting plans, visitation/timesharing, parental responsibilities, child support, medical benefits for the child, and whether a parent should carry life insurance to assure support for the child.
