In Florida, establishing paternity is simple if you are married. When you are unmarried, though, things can get complicated. Florida family law requires you to take certain steps to gain the legal rights of fatherhood or to legally establish the responsibilities of the father, even if you are certain who is the biological father.
Establishing paternity can be a positive step for a father to take, but it can also be good for the child and mother since it establishes the responsibilities of the father in addition to his legal rights. Florida law outlines several ways that a father or mother can establish paternity for their child.
Acknowledgment of Paternity
If you are unmarried and both you and the mother agree that you are the father of the child, you can complete and sign a legal form that establishes that fact. Depending on your circumstances, you may complete this form at the hospital during the time of birth or afterward. If you choose to establish paternity using this method, no other man may be listed as the father on the birth certificate.
Legitimation
Some couples don’t get married until after the birth of their child. If the father wants to gain legal parental rights, then legitimation is the process by which he would do that. Legitimation requires the parents to update the birth certificate and send certain documentation to the Clerk of Court to establish paternity.
Court Order
If either parent doesn’t cooperate, the parent who wants to establish paternity may bring an action against the other parent in court by filing a petition to establish paternity. Watch my video on establishing paternity to learn more about this petition:
You will both have to appear in court, per Florida family law. In most cases, the judge will order a genetic test to establish paternity. The test requires genetic material, usually a blood draw, from the mother, father, and child to compare the DNA.
Administrative Order
For those who want to avoid court, the Florida Department of Revenue offers another option. With the full cooperation of both parties, it is possible to establish paternity through a DNA test and an administrative order. When a test shows that you are the father, the Department of Revenue will issue an administrative order to the Florida Office of Vital Statistics so that the father’s name is added to the child’s birth certificate.
Contact Me for Advice on Paternity and Florida Family Law
If you want to gain the legal rights of fatherhood or want to determine whether the father of your child is the father of your child, don’t wait to get in touch with me. I will help you understand the process and work with you to meet your needs. Don’t hesitate to contact me today to set up a consultation.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.