Establishing Paternity in Florida
Questions surrounding parentage are among the most emotionally charged issues in family law. At Kalish & Jaggars, PLLC, whether you are a mother seeking financial assistance to raise your child, or a father fighting to be a part of your child’s life, the anxiety of “the unknown” can be overwhelming. You aren’t just looking for legal arguments; you are looking for stability for your family’s future.
We understand that establishing paternity is about more than just a DNA test. It is the legal foundation that determines rights, responsibilities, and relationships for the rest of a child’s life. Our family law attorneys act as compassionate advocates to help you navigate the Florida court system, ensuring that both you and your child have the legal protection you deserve.
Why Establishing Paternity Matters in Florida
Across our locations in Florida, there is a distinct difference between being a “biological” father and a “legal” father. “Biological” simply refers to a shared genetic connection. “Legal” fatherhood creates a binding relationship recognized by the court.
For children born to unmarried parents, being the biological father does not automatically grant enforceable visitation rights or decision-making authority. While recent updates to Florida law have expanded the rights of unwed fathers who acknowledge paternity, obtaining a court order is still the only way to ensure a guaranteed, enforceable time-sharing schedule that cannot be arbitrarily changed by the other parent.
The Benefits of Legal Paternity
Establishing paternity benefits everyone involved:
- For the Father: It secures your legal standing to request time-sharing (visitation) and participate in major decisions regarding the child’s education, healthcare, and religious upbringing. It also gives you “standing” to object to an adoption.
- For the Mother: It creates the legal mechanism to request enforceable child support, share the costs of healthcare and insurance, and share the financial burden of birth-related expenses.
For the Child: It provides access to paternal medical history, inheritance rights, eligibility for Social Security or Veteran’s benefits, and the emotional security of knowing their true identity.
Three Ways to Establish Paternity in Florida
1. Marriage (The Presumption)
If the mother is married at the time of the child’s birth, Florida law creates a “presumption of legitimacy.” The husband is legally presumed to be the father, even if he is not the biological parent. If the biological father is someone other than the husband, a specific legal action known as “Disestablishment of Paternity” may be required to correct the legal record.
2. Voluntary Acknowledgment (At the Hospital)
If the parents are unmarried, they can establish paternity immediately after birth by signing a specific form called the Paternity Acknowledgment (Form DH-511). This is usually done at the hospital or birthing center.
By signing this document, both parents agree under oath that the man is the legal father. Warning: Signing the DH-511 is a serious legal act. It has the same force as a court judgment. Once signed, you generally only have 60 days to rescind (cancel) the acknowledgment. After that window closes, overturning it is extremely difficult and requires proving fraud or extreme duress.
3. Court Order (Judicial Paternity)
If the parents disagree on parentage, or if an unmarried father wants to secure specific visitation rights that the voluntary form didn’t clearly define, a court case is necessary. This involves filing a “Petition to Determine Paternity” in the circuit court. This is the most secure way to establish a permanent parenting plan and child support order.
Establish Your Parental Rights – Speak with a Paternity Attorney Today
The Paternity Process: From Petition to Final Judgment
Step 1: Filing and Service
A paternity case can be filed by the mother, the alleged father, the child (through a representative), or the Florida Department of Revenue. The case is typically filed in the county where the child resides. Once filed, the other party must be formally served with the paperwork, ensuring they have proper notice and an opportunity to respond.
Step 2: Genetic Testing (DNA)
If there is any doubt regarding parentage, the court will order a scientific DNA test. This is different from over-the-counter drug store kits. Court-admissible testing requires a strict “chain of custody” at an accredited laboratory to ensure the sample hasn’t been tampered with.
Florida law states that a DNA test showing a probability of paternity of 95% or higher creates a legal presumption that the man is the father (though most modern tests show results of 99.9%). Refusing to submit to a court-ordered DNA test can result in the court entering a judgment against the refusing parent by default.
Step 3: The Final Judgment and Parenting Plan
Once paternity is confirmed—either through DNA results or mutual agreement—the court issues a Final Judgment of Paternity. This is the crucial moment where Kalish & Jaggars, PLLC fights for your long-term interests. We work to establish a Parenting Plan that dictates the time-sharing schedule and a Child Support order that aligns with Florida guidelines. Establishing paternity without these orders often leaves your rights vague and unenforceable.
Rights and Responsibilities After Paternity is Established
Time-Sharing and Visitation
Once paternity is established, the court looks to the “best interests of the child” to determine a schedule. If a father has been absent for a significant period, the court may implement a “step-up plan” or reunification therapy to gradually introduce the child to the father, rather than forcing immediate overnight stays.
Financial Obligations
Paternity brings financial responsibility. The court will calculate child support based on the combined income of the parents and the number of overnights the child spends with each parent.
It is important to note that in Florida, the court has the authority to order Retroactive Child Support. This means a father may be required to pay back support for the time period between the parents’ separation and the filing of the case, generally capped at 24 months prior to the filing date.
Frequently Asked Questions About Paternity
If I signed the birth certificate, do I have custody rights?
Not necessarily. While recent changes to Florida law declare that signing the birth certificate (via the DH-511 form) makes you a “natural guardian,” this does not automatically create a specific, enforceable visitation schedule. Without a court-ordered Parenting Plan, if the mother refuses to let you see the child, law enforcement will often refuse to intervene. A court order is the only way to guarantee your time-sharing rights.
What if the other parent refuses to take a DNA test?
You cannot force someone to take a test physically, but the court can compel them legally. If a parent ignores a court order for genetic testing, the judge can hold them in contempt of court or enter a “default judgment,” declaring you the legal father (or dismissing your obligation) based on their refusal to cooperate.
Can I challenge paternity if I signed the form years ago?
It is very difficult, but possible in limited circumstances. If more than 60 days have passed since you signed the acknowledgment, you typically must prove that you signed it due to fraud (you were lied to), duress (you were forced), or a material mistake of fact. If you have recently discovered you are likely not the biological father, you must act immediately to explore a “Disestablishment of Paternity” action.
How much does a legal paternity test cost?
The cost varies depending on the lab, but court-admissible tests are generally affordable, often ranging between $300 and $500. Who pays for the test is often determined by the outcome: if the alleged father denies paternity but the test comes back positive, the court will usually order him to reimburse the costs.
How Kalish & Jaggars, PLLC Can Help
Paternity cases are legally technical and emotionally draining. You need an attorney who can handle the statutes while respecting the human element of your case.
For Mothers and Fathers, We Help By:
- Securing the financial support necessary to care for your child.
- Establishing clear boundaries and legal parenting plans to avoid conflict.
- Confirming biological fatherhood for medical and legal peace of mind.
- Protecting your right to see your child and build a meaningful relationship.
- Preventing adoption proceedings from moving forward without your consent.
- Defending against false paternity claims.
- Ensuring child support calculations are fair, accurate, and account for your time-sharing.
Get the Clarity Your Family Needs
Uncertainty regarding a child’s parentage is stressful for everyone involved. Don’t let the unknown dictate your future or your child’s well-being. Contact our divorce lawyers today to discuss your specific situation. Let us help you find the clarity and legal protection your family needs to move forward.
