Establishing Paternity in Florida

establishing paternity

According to Florida Law, when a mother gives birth and is married, it is assumed that the husband is the father of the child. If this isn’t the case, or if the mother is unmarried at the time of the birth, then paternity must be established. Establishing paternity when the parents of a newborn aren’t married is done either voluntarily or by court order.

What is Voluntary Paternity v. Court Ordered Paternity?

Voluntary paternity is established when both the mother and father or the child agree on who the father is and sign a “voluntary acknowledgment of paternity” form. This form simply means that both parents are acknowledging that the child belongs to them. The father who signs the form is agreeing that they are the child’s father and will take all legal responsibilities as such. The form is then file and becomes final 60 days after it has been signed. No changes to this form can be made without proving that fraud or force was used in the signing.

Court ordered paternity is when either parent takes the situation to court to establish the paternity. This may be brought to the courts by the child’s mother, the alleged father, the child themselves via legal representation, or Florida Department of Child Supportive Services. This process can begin before the child is born, but can not be finalized until after the birth.

What Happens Once Paternity is Established?

To prove paternity, genetic tests will be done for the mother, child, and possible father. Once paternity is proven child support, visitation, health insurance, and authority over the child’s rights are determined.

If you or a loved one are currently in the process of establishing paternity or believe that you have the right to be granted paternity of a child you think is yours, the assistance of a someone who is knowledgeable in the field of family law could make the process smoother. Consider giving Russell Spatz a call today at (305) 442-0200 to help make your family whole.

 

About The Spatz Law Firm Blog

Russell A. Spatz, Esq. has been practicing as a Criminal Defense Lawyer in Miami Dade County for over 35 years. Having served as an Assistant State Attorney and Division Chief to two State Attorneys, Richard E. Gerstein, (1975) and Janet Reno, (1978), Russell A. Spatz, understands the complexities that are involved in defending a criminal case, and how to put his knowledge and experience to work for his clients as their criminal defense lawyer in Miami. Connect with Russell on Google.

Posted on November 25, 2019, in Family Law, Florida Child Support Law, Uncategorized and tagged , . Bookmark the permalink. Leave a comment.

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