ESTABLISHING PATERNITY IN FLORIDA
Paternity actions in Florida begin with the filing of a Petition To Determine Paternity. Paternity actions establish paternity, custody, parental responsibility, child support, and time-sharing. The father typically files a Petition To Determine Paternity, but the mother can also file.
WHY IS IT NECESSARY TO ESTABLISH PATERNITY
The one common theme among all paternity actions in Florida is the birth of a child out-of-wedlock. Any child born during a marriage is a child of that marriage, and a child born out-of-wedlock is not. A child born out-of-wedlock is illegitimate. If the parents get married, an illegitimate child will become “legitimated.” If a later marriage does not occur, it is necessary to establish paternity in order for the biological father to have parental rights. In the absence of a Judgment of Paternity, the father has no right to custody, parental responsibility, or time-sharing.
I’M LISTED ON THE BIRTH CERTIFICATE AS THE FATHER
The father’s name on the birth certificate will establish paternity as a matter of law. The significance of paternity being established as a matter of law is it will obligate you to pay child support and nothing else. You will need to file a Petition to secure your rights to time-sharing, custody or decision-making authority involving the minor child. A Final Judgment of Paternity will grant these rights.
If you are the father of a minor child born out-of-wedlock and refuse to return the child to the mother, you will be subject to a Child Pick-up Order.
If you want strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free phone or videoconference consultation. After a thorough case analysis, I will answer your questions and advise you regarding the best way to proceed.