How to Establish Legal Fatherhood in Florida

There are many ways to establish legal fatherhood in Florida. These include marriage, an Acknowledgement of Paternity form, genetic testing, a court order or legitimation.

There is no doubt that establishing paternity is an important step in the process of parenting a child. This can affect a wide variety of matters, including the right to visitation, child support payments, and even time-sharing. If you are struggling to understand your legal options in a Miami paternity case, it is crucial that you seek counsel from an experienced family law attorney.

Whether you are the mother of a child or if you believe that the father of your child is not his biological parent, contact a Miami paternity lawyer to schedule a consultation with us today. We understand how stressful and confusing this may be, but we are also committed to ensuring that you achieve the desired results in your South Florida father’s rights case.

The first way that a legal father is established is by having the mother and alleged father sign an Acknowledgement of Paternity. This is a voluntary act that becomes final and binding after 60 days. However, it is important to note that this voluntary act does not guarantee actual custody rights, such as time-sharing or decision-making. This is why it is essential to have an experienced Florida divorce and family law attorney review your case before a voluntary action is initiated.

Once an Acknowledgement of Paternity has been signed, it is generally difficult for one or both parties to cancel or revoke it. This is because a Voluntary Acknowledgement of Paternity typically becomes a binding and permanent document, and the party attempting to cancel or revoke it must prove that there was an extreme reason for them to do so.

Additionally, if an alleged father denies the legitimacy of his paternity or is not willing to cooperate in the establishment of legal fatherhood, then DNA testing may be necessary. This is done by comparing the DNA of the mother, alleged father and child, which can yield almost a hundred percent accuracy.

Another method of establishing legal fatherhood is through a court-ordered administrative paternity order. In this type of proceeding, the court will require an alleged father to agree to potential DNA testing and state that he will provide financial support for the child. In exchange, he will be placed on the Florida Putative Father Registry.

In addition to requiring an alleged father to consent to potential DNA testing, this administrative paternity order requires him to provide information to the mother and the State of Florida in regard to his paternity, including medical records and employment information. Furthermore, the alleged father must be provided with notice in the event that the mother chooses to put the child up for adoption. This notification can be critical in helping the alleged father establish his parental rights and protect his interests.