Establishing paternity is a critical legal step that impacts the rights and responsibilities of both parents and the well-being of a child. In Florida, paternity is not automatically assumed unless the parents are married at the time of the child’s birth. If a child is born outside of marriage, legal action may be necessary to determine the identity of the child’s father and to establish his rights and obligations under Florida law, even if the Father is listed in the child’s birth certificate.

Whether you are a mother seeking child support, a father pursuing custody rights, or a man disputing paternity, understanding the legal process is essential. The family law team at Casais & Prias, PLLC helps clients across Miami and throughout Florida navigate this often complex area of the law with clarity and compassion.

Why Establishing Paternity Matters

Legal paternity provides the foundation for many important parental rights and responsibilities. Once paternity is established, the father may pursue timesharing (custody) and decision-making rights, and the child becomes eligible for benefits such as:

• Child support
• Health insurance coverage
• Inheritance rights
• Access to medical history
• Social Security and veteran’s benefits (when applicable)

For mothers, establishing paternity allows for legal enforcement of child support, ensuring the child receives financial assistance from both parents.

How Paternity is Established in Florida

There are several ways to establish paternity under Florida law:

Marriage
If the mother and father are legally married when the child is born, the husband is automatically presumed to be the child’s legal father. No additional steps are needed.

Voluntary Acknowledgment
If the parents are unmarried, both can sign a Voluntary Acknowledgment of Paternity form at the hospital or later through the Florida Bureau of Vital Statistics. This form becomes legally binding 60 days after signing unless one party contests it in court.

Administrative Order Based on Genetic Testing
If paternity is uncertain or disputed, the Florida Department of Revenue may issue an administrative order for genetic testing. If the test confirms paternity, the state can establish the father’s legal status without going to court.

Court Order
Either parent may file a petition in circuit court to establish paternity. This is common when one party contests the claim or when the court must also address issues like timesharing, child support, or parental decision-making.

What Are a Father’s Rights Once Paternity is Established?

Establishing paternity opens the door for a father to seek shared parental responsibility and timesharing. Florida law favors active involvement by both parents whenever it is in the best interest of the child. A father may petition the court for a parenting plan that includes regular visitation and joint decision-making authority.

Without legal paternity, an unmarried father has no enforceable rights—regardless of how involved he has been in the child’s life.

What Are the Legal Responsibilities of a Father?

Along with rights come legal responsibilities. Once paternity is confirmed, the father becomes legally obligated to support the child financially. This typically includes:

• Regular child support payments
• Contribution to health insurance and medical expenses
• Potential responsibility for daycare or educational costs

The amount is calculated based on Florida’s child support guidelines, which take into account each parent’s income, the number of overnight stays, and other expenses.

Call Casais & Prias, PLLC for Experienced Guidance

Whether you’re seeking to confirm paternity or protect your rights as a parent, the legal team at Casais & Prias, PLLC in Miami can help. Our family law attorneys understand the emotional and legal stakes involved in paternity cases and will work diligently to protect your child’s best interests and your legal rights.

Don’t leave such an important matter to chance—call (305) 722-8015 today to schedule a confidential consultation.

Paternity in Florida FAQs

How long does it take to establish paternity?
If both parties agree, paternity can be established quickly through a signed acknowledgment. If court proceedings or genetic testing are required, the process may take several months.

Can paternity be established after the child turns 18?
Generally, paternity actions must be initiated before the child turns 18. Exceptions may apply in inheritance or other legal matters.

What if I signed the birth certificate but later discover I’m not the father?
Signing the birth certificate alone does not establish legal paternity. However, if you also signed an acknowledgment of paternity, you may need to go to court to challenge it.

Can a mother refuse to allow paternity testing?
If a court orders testing, refusal can result in legal consequences, including a default judgment.

Is a DNA test always required?
Not if both parents agree and voluntarily acknowledge paternity. However, in contested cases, genetic testing is usually ordered.

What happens after paternity is established?
The court may issue orders regarding child support, a parenting plan, and timesharing. Legal paternity also opens the door to additional rights and obligations.

Can I get visitation rights without establishing paternity?
No. In Florida, legal paternity must be established before a father can petition for custody or visitation.