Paternity Establishment In Florida
Early paternity establishment is vital to protecting your rights as a father. This is especially true if you, the father, are not married to the child’s mother and want to share custody. Attorneys with extensive fathers’ rights experience, like Matthew Irwin, know that courts look more favorably on fathers who demonstrate an interest in the child’s life early on. Fathers who wait until paternity establishment is forced upon them usually end up paying more in child support without a fair share of time with the child.
Paternity Establishment: How it’s Done
In Florida, when a married couple has a baby, the husband is presumed to be the father. Even if the couple weds after conception, as long as they are married at the time of birth, the husband is assumed to be the father. There is no need to establish paternity in this case unless the wife or another man challenges the husband’s paternity.
However, for unmarried couples it is very different. If the couple marries after the child’s birth, the parents can sign a legitimation form. This form gives the father the same rights as if the couple were married prior to the child’s birth.
Even if the couple never marries, paternity can be established voluntarily if the father’s identity is certain. If done at the time of birth or immediately after, the required document can be completed at the hospital and the father’s name will be included on the birth certificate. If done later, the proper paperwork can be completed with the help of an attorney.
Voluntary acknowledgment of paternity simplifies the resolution of time sharing and support issues without a court battle over paternity. However, an unmarried father should have a DNA test done to confirm paternity. There have been many cases in which a man was certain he was the child’s father only to find out later, through DNA testing, that he was not. If a man legally acknowledges his paternity of a child and finds out later he is not the child’s father. If a man legally acknowledges his paternity of a child and finds out later he is not the child’s father, he will still be legally bound to care for and support the child in most cases. In the Florida counties of Lee, Collier and Charlotte, lawyers usually advise paternity clients to get DNA testing prior to acknowledging paternity voluntarily.
If either parent contests paternity of the child, a Petition to Establish Paternity can be filed with the local court. If an unwed mother is receiving public assistance from the state, the state can also file a petition. To resolve a Petition to Establish Paternity, the putative (probable) father will be required to appear in court. The court will most likely order a DNA blood test that compares DNA from the mother, child and putative father. The DNA test is considered to be 99% accurate and admissible as proof of paternity.
Once paternity establishment is complete, the father is responsible for support and care of the child just as the mother is. If the couple is not married, a time sharing plan and child support payments are ordered by the court. Paternity establishment also allows the child other rights, such as the right to inherit property from the father, the right to health insurance coverage by the father’s insurance company, and wrongful death benefits should the father die due to someone else’s negligence. So there are many reasons beyond custody and child support to establish paternity.
Legal Consultations
If you would like to talk about paternity establishment or issues of divorce or child custody, an attorney’s consultation is available without charge. Our attorneys will talk with you and explain what your rights are and how we may be able to help you to protect them. You can arrange for a consultation regarding paternity establishment with by going on our Consults page or call us at 866-995-0166.
