Paternity FAQs

Few relationships are as meaningful as those between a parent and a child. While mothers can bond with their children from the moment they are born, when a child is born outside of a marriage or committed relationship, their paternity may be unclear, placing the father’s rights in question. Fortunately, Florida law sets forth procedures for establishing paternity, which in turn allows both fathers and mothers to take the measures necessary to protect their interests. As such, it is important for anyone who wants to establish paternity of a child in Florida to understand their rights and the process, and they should speak to an attorney as soon as possible. Sandy T. Fox is a dedicated Miami family law attorney with ample experience helping people safeguard their rights in paternity proceedings, and if you engage his services, he will advocate tirelessly on your behalf. Mr. Fox is a Florida Bar Board Certified specialist in Marital & Family Law, and he regularly represents parties in paternity actions.

Paternity refers to the legal establishment of a father's relationship to a child. In Florida, paternity is defined under the Florida Statutes as the legal recognition of the biological father of a child born to unmarried parents.

Under Florida law, numerous parties have standing to file paternity lawsuits. First, the mother of the child holds the right to initiate legal proceedings to establish paternity. Similarly, the alleged father, or putative father, also has the legal standing to file a paternity lawsuit.

In some cases, the child themselves may file a paternity lawsuit. However, they typically require a representative, such as a legal guardian or attorney ad litem, to act on their behalf. Finally, the Florida Department of Revenue may initiate paternity lawsuits for the purpose of establishing, modifying, or enforcing child support orders.

Paternity in Florida can be established through various methods outlined in the Florida Statutes. For example, paternity can be established via a voluntary acknowledgment, where both the mother and the alleged father sign an Acknowledgment of Paternity affirming the father's biological relationship to the child.

Alternatively, if paternity is contested or voluntary acknowledgment is not feasible, the court may order genetic testing. This process typically involves collecting DNA samples from the alleged father, child, and sometimes the mother to determine the likelihood of paternity. If genetic testing yields inconclusive results, the court may issue an order establishing paternity based on the evidence provided.

Under Florida law, if either the mother or the purported father refuses to participate in a paternity lawsuit, the court can employ certain measures to proceed with establishing paternity. If the mother refuses to cooperate, the alleged father may petition the court to compel her cooperation, after which the court can issue orders requiring the mother to comply with genetic testing or other necessary proceedings.

Under Florida law, if either the mother or the purported father refuses to participate in a paternity lawsuit, the court can employ certain measures to proceed with establishing paternity. If the mother refuses to cooperate, the alleged father may petition the court to compel her cooperation, after which the court can issue orders requiring the mother to comply with genetic testing or other necessary proceedings.

In Florida, a determination of paternity allows a father the right to seek custody or visitation rights, allowing them to have a meaningful presence in their child’s life. Paternity also establishes a father’s responsibility to provide financial support for their child and the mother’s right to seek child support. The child gains certain rights as well, such as the right to inherit from the father's estate and eligibility for benefits like social security.

Determining a child’s paternity grants parents and the child the opportunity to fully exercise their rights, but the process can be complicated and, in some cases, contentious. If you have questions about establishing paternity under Florida law, it is smart to meet with an attorney. The trusted Miami paternity attorneys of the Law Offices of Sandy T. Fox, P.A., can address your concerns and aid you in seeking your desired outcome. We have an office in Aventura, and we regularly handle paternity cases in Miami. You can contact us to arrange a consultation by calling 800-596-0579 or using our online form.