What are the Steps in a Florida Paternity Action?

When two people are married and have a child in Florida, the courts presume that the man is the biological father. When two unwed people have a child together, this same presumption does not exist. In these instances, the father or mother can establish paternity to pursue time-sharing with the child, or to obtain child support. Both parents can establish paternity voluntarily, either at the hospital at the time of the child’s birth or afterwards.

In the event that parents cannot agree to paternity, one of them may have to petition the court to enforce their rights to child custody or support.

Establishing Paternity Through the Florida Department of Revenue 

The Florida Department of Revenue can bring a paternity action. However, the only time this is possible is when the Department is trying to obtain a child support order. These paternity actions do not allow fathers to obtain a time-sharing award in their favor, so they can spend more time with the child. For example, if a woman believes a man is the father of her child and wants to obtain child support from him, she can bring a paternity action against him or request that the Florida Department of Revenue file for child support.

Establishing Paternity in a Court Action

Since an action brought by the Florida Department of Revenue will not grant a father time with his child and only establishes him as the father for child support purposes, a father may have to file a court action to not only establish child support, but to establish timesharing and other parental responsibilities.

Or a mother may have to file a court action if she believe that a man is the father of her child and she wants to establish time sharing, parental responsibility as well as child support.  However, the father refuses to take responsibility or to acknowledge that he is the father. In these cases, the mother can file a paternity action with the court to establish legally that the man is the father of the child.

All paternity cases in court start with the filing of the petition. The petition essentially asks the court to establish the respondent as the father of the child. The court can do this by ordering genetic testing by motion of the mother, by listening to evidence, or a combination of both. For example, the court may first listen to witnesses who state that the man acted as though the child was his and treated the child as such. If the evidence is compelling enough, the judge may then order genetic testing.

Evidence does not always have to be presented to establish paternity in court. A judge may order such testing without hearing any other evidence. In either instance, if the court finds that a man is the biological father of a child, then the parties will proceed to establish timesharing and  parental responsibility for the child.

Our Tampa Paternity and Child Custody Attorney Will Help You 

Regardless of whether you are a mother or father, if you need to establish paternity, our Tampa paternity and child custody lawyer can help. At All Family Law Group, P.A., our experienced attorney can help you through the process and advise on the steps to take so you obtain the best possible outcome. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to get the legal help you need.  Se habla Español.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/0742.html