PATERNITY 

Overview of Paternity Determination

 

Establishing paternity in Florida is indeed a crucial step for both parents and the child's well-being. Without legal paternity established, the child may not have access to certain rights and benefits, and it can also create uncertainties regarding parental responsibilities. In Florida, if the parents are not married when the child is born, legal paternity must be established through a paternity action.

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Simply having the father's name on the birth certificate does not automatically establish legal paternity. Instead, paternity can be established through a voluntary agreement signed by both parents or through a court order, often following a DNA test. It's important to note that if another man who is not listed on the birth certificate believes he is the father, he has the right to request a DNA test through a paternity action.

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Establishing paternity is crucial for determining parental rights and responsibilities, including custody and child support. This guide provides an overview of the legal procedures involved in establishing paternity and addressing associated parental responsibilities.

1. Who Can Initiate a Paternity Case?

Pregnant Women and New Parents: You can file a case to establish paternity at any point before or after the child's birth.
Alleged Fathers: If you believe you are the father, you can initiate proceedings to confirm your paternity.
Children: In some cases, a child may be represented in court to establish paternity, often through a guardian or legal representative.

2. Filing a Paternity Case

Jurisdiction: The case must be filed in the circuit court of the county where either the plaintiff (the person bringing the case) or the defendant (the person being accused of fatherhood) resides.
Complaint Process: To start the process, a complaint must be filed with the court. The complaint should include sufficient details to assert the paternity of the child. Once filed, the court issues notices to all parties involved.
Putative Father Registry: Alleged fathers must file a notarized claim with the Florida Putative Father Registry to secure their rights. This claim must confirm their willingness to support the child and must be filed before a petition for termination of parental rights is filed.

3. Court Hearings and Orders

Private Hearings: Hearings are generally held in private and may include only the parties involved, their legal representatives, and any individuals deemed necessary by the judge.
Determinations: The court will determine paternity based on the evidence presented. If paternity is established, the court may issue orders for child support, hospital expenses, and attorney fees.
Temporary Orders: If there is clear evidence of paternity, the court may issue temporary orders for child support pending further proceedings.

4. Financial Responsibilities

Support Payments: If the alleged father is confirmed to be the biological father, the court may order him to pay child support, medical expenses related to childbirth, and any other relevant costs.
Attorney’s Fees: The court may order one party to cover the other’s attorney’s fees based on financial need. In Title IV-D cases (state-initiated child support cases), the non-prevailing party is typically responsible for court costs.
Default and Penalties: Failure to pay ordered amounts can lead to judgments against the non-paying party, including liens on property and additional costs for administrative fees.

5. Updating Information

Contact Details: Both parties are required to update their contact information, including social security numbers, residential addresses, and employment details, with the court and State Case Registry. This ensures accurate communication and enforcement of support orders.

6. Special Considerations

Adoption: If a child is adopted, the biological father’s support obligations are terminated.
Foreign Paternity Orders: Paternity determinations made in other states or countries are recognized in Florida, provided they are properly documented.
Minors: If the mother was under 16 years old when the child was conceived, special procedures may apply, including potential criminal investigations if the father was significantly older.
False Statements: Knowingly providing false information about paternity can result in criminal charges and other legal penalties.

7. Scientific Testing

DNA Testing: The court may order scientific testing, such as DNA tests, to establish paternity. Tests showing a 95% or higher probability of paternity create a rebuttable presumption of fatherhood.
Disputed Results: If test results are disputed, the court may order additional testing. The parties are responsible for the costs of these tests unless otherwise agreed.

8. Legal Presumptions

Artificial Insemination and Donated Eggs: Children conceived through artificial insemination or donated eggs within a marriage are legally presumed to be the child of the married couple, provided both partners consented to the process.

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Contact us today for a free case evaluation and discover how our firm can assist you with your legal needs.​

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For More information, please visit Florida Statute Chapter 742

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