Paternity and Fathers’ Rights · Clearwater, Florida
Florida Paternity Lawyer
When parents are not married, establishing paternity is the first step toward time-sharing, parental rights, and child support. Whether you are a father seeking time with your child or a mother seeking support, we help you understand your rights and guide your case through mediation and court.
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The Starting Point
How Paternity Is Established in Florida
If the parents are married when the child is born, the husband is the legal father. For unmarried parents, paternity can be established when both parents sign an Acknowledgment of Paternity in the presence of two witnesses or a notary. A change in Florida law took effect in July 2023 that strengthened the rights of unmarried fathers: a father who has properly acknowledged paternity and is named on the birth certificate now generally stands as a natural guardian of the child, with parental rights, rather than having to wait for a court order to gain them.
If the parents are not married and no Acknowledgment of Paternity has been signed, either parent (or the child) may file a petition with the court for a determination of paternity. Establishing paternity through the court also allows the judge to address time-sharing, parental responsibility, and child support in the same case.
What to Expect
The Paternity Process Can Be Complicated
A licensed Florida paternity lawyer can guide you through the process and advocate for you at mediation and in court. The process can be especially trying for a father when the mother has decided not to allow time-sharing with the child. It may be necessary to ask the court to order a temporary time-sharing schedule until the litigation is complete. Except in emergencies, an unmarried father may have to wait weeks or months before a court-ordered parenting plan is in place. During this time, both parents should try to work together so the child has meaningful contact with each parent.
Being named on the birth certificate also does not by itself resolve every question. If there is any doubt about whether a man is the biological father of the child, DNA testing may be needed before the court will adjudicate him the legal father, and questions of time-sharing and child support still must be resolved by agreement or court order.
When Paternity Is Disputed
Genetic Testing and the Presumed Father
Many times all parties agree on who the legal father of the child is. When they do not, a paternity test (typically a DNA swab) will need to be administered. If the parties do not agree to the testing, the court may order the presumed father and child to undergo genetic testing.
The issue of paternity can be even more complicated if the mother was married to another man at the time the child was born. In Florida, a woman’s husband is considered the legal father of any child born during the marriage. In that instance, an Acknowledgment of Paternity will not give the biological father legal rights. Instead, the mother’s husband will also need to be involved in the paternity case and must be served with a copy of the paternity petition.
Even when everyone agrees the presumed father is the biological father, the parents may still disagree on time-sharing and child support. Reaching an agreement through negotiation or mediation is preferred, but sometimes a judge must determine a parenting plan that is in the best interest of the child and order how much child support should be paid.
Being Kept From Your Child?
Every week without a court-ordered time-sharing schedule is time you cannot get back. Call now and learn what steps you can take in a free phone consultation.
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Speak With a Florida Paternity Attorney Today
If you have a child born out of wedlock, Pinellas Family Lawyer can help you determine your legal rights and how best to proceed with your paternity case. The first step is a free, confidential phone consultation.
Family law and paternity lawyer serving Oldsmar, FL, Dunedin, FL, Safety Harbor, FL, Clearwater, FL, Clearwater Beach, FL, Largo, FL, Tarpon Springs, FL, Tampa, FL, Westchase, FL, New Port Richey, FL, St. Pete, FL, Palm Harbor, FL, Pinellas Park, FL, Belleair, FL, Madeira Beach, FL, and throughout Pinellas County, Hillsborough County, and Pasco County.