Establishing Paternity in Florida

Understanding Paternity Rights for Unmarried Parents

When a child is born to married Parents in Florida, the child is automatically presumed to be from both Parents. However, when Parents are not married at the time of birth, Paternity must be legally established before either Parent has formal rights or enforceable responsibilities.

Paternity cases are filed in the Circuit Court of the County where the child or a Parent lives. Getting Paternity legally established is one of the most important steps an unmarried parent can take, as it protects the Child’s future.

Florida Paternity Law How it Has Changed Significantly/The Good Dad Act

Florida’s approach to Unmarried Parents has evolved considerably in recent years.

Since July 1, 2023, Florida law has placed a much stronger emphasis on parental equality, giving unmarried Fathers more of an equal standing to Mothers in Family Law Matters like Child Custody; Time-Sharing. This is often referred to as the “Good Dad Act”, which changed the landscape significantly, with new case law continuing to develop.Working with an experienced attorney like Melissa Waldinger ensures your rights are established correctly and under the most current legal standards.

Establishing Paternity in Florida

1. Voluntary Acknowledgment. This is where both parents sign and notarize a form at the hospital or later at the Florida Department of Health, often called an “Oath”. This makes the Parent the Legal Father.
2. Court-Ordered Paternity. If and when there is a dispute, either Parent can file a Paternity suit in Family Court. DNA testing can be used to prove or disprove Paternity.

Paternity Importance

Paternity is about way more than a name on a birth certificate. It unlocks important rights and protections for everyone involved.

Mothers: It allows you to legally request child support, secure health insurance coverage for your child through the Father’s employer and share the daily responsibilities of raising your minor child with both parents, in addition to requesting Child Custody/Time-Sharing and a Parenting Plan.

Fathers: Establishing Paternity gives you the right to seek Formal Parenting Plan, pursue 50/50 Time-Sharing, in addition to having your name on the birth certificate, if it was not already. Just having your name on the birth certificate, does not automatically grant you time-sharing rights as a Father, nor does it grant you to have a legal say in major decisions regarding your child’s education and healthcare.

How Paternity Differs from Divorce (Dissolution of Marriage)

Once Paternity is established, the Court will address a Parenting Plan with a Time-Sharing Schedule, as well as Parental Responsibility, including child support.

Paternity does not provide for Alimony/Spousal Support Awards or Equitable Distribution of assets and debts. Those issues are only applicable in a Divorce proceeding. If you and the other parent were never married, a Paternity Case resolves only the Child-Related Matters, it does not divide property or address Spousal Support.

Can Paternity Be Undone? Disestablishment Of Paternity

Yes, under certain circumstances. A Father can file a Petition to Disestablish Paternity, which may include Termination of Child Support Obligations. In order to succeed, the Petitioner must present evidence, usually DNA evidence, to show that he is not the biological father. Courts must then evaluate the potential emotional and psychological impact on the child, and the primary focus remains on the Best Interest of the Child. This is a complex area of law, and if you have questions about Disestablishing Paternity, contact Melissa directly before taking any action.

Why Hire Melissa Waldinger for Your Paternity Case

Melissa represents both Mothers and Fathers in Paternity Proceedings, whether you are seeking to establish rights, enforce them, or defend against them.