Paternity in Florida

Under Florida law, when a married woman gives birth, her husband is presumed to be the child’s father. If the woman is unmarried, paternity in Florida is not automatic and needs to be established. The child’s parents can establish paternity voluntarily by signing a form to that effect under oath or either the mother or father can bring an action for paternity.

Under Florida law, when a married woman gives birth, her husband is presumed to be the child’s father. If the woman is unmarried, paternity in Florida is not automatic and needs to be established. The child’s parents can establish paternity voluntarily by signing a form to that effect under oath or either the mother or father can bring an action for paternity.

A paternity action establishes the father’s legal rights to his child. A lot of people think that establishing paternity in Florida is as easy as signing a birth certificate, but unfortunately, that is not the case. There must be a legal determination made by the court that the father is legally the child’s father. A signed birth certificate certainly helps, but it is not definitive proof of paternity.

After paternity in Florida is established, the child’s parents then develop a time sharing schedule (custody/visitation) and parenting plan (parental responsibility) and child support obligations are determined.

Disestablish paternity

Paternity in Florida can also be disestablished. Normally, a legal father can disestablish paternity if there’s scientific proof that he’s not the father (DNA test), he hasn’t adopted the child and the child’s under 18. The father has to file a petition to disestablish paternity or terminate his child support obligation if he’s not the biological father of child, but the petition has to include an affidavit saying that there’s newly discovered evidence relating to the paternity of the child that has come to the man’s knowledge since the initial paternity determination or establishment of a child support obligation.

Establishing paternity in Florida is important because it provides a legal right of a father to have access to his child so that he can build a relationship with her and be involved in her upbringing. It provides the mother with help in raising the child and monetary means to take care of the child. Most importantly, the child is benefited because both parents are a part of her life.