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Paternity
Short answer: In Florida, when a child is born to an unmarried mother, paternity must be legally established to identify the child’s legal father. Common methods include a signed Voluntary Acknowledgment of Paternity, a court order or an administrative order through the Florida Department of Revenue. Paternity may also be established when the parents later marry. Establishing paternity gives the father parental rights and responsibilities, but does not by itself create a parenting plan, time-sharing schedule or child support order.
When Paternity Needs to Be Established
Florida law generally presumes that a woman’s husband is the legal father of a child born during the marriage. When a child is born to an unmarried mother, paternity must be established through a legally recognized process.
Establishing paternity matters for everyone involved. It gives the child a legal relationship with both parents, access to financial support and potential benefits such as health insurance, inheritance rights and information about family medical history.
Common Ways to Establish Paternity in Florida
1. Voluntary Acknowledgment of Paternity
If both parents agree on who the father is, they can sign a Voluntary Acknowledgment of Paternity under section 742.10, Florida Statutes. Both parents must sign the acknowledgment before a notary or, as permitted by law, before two witnesses under penalty of perjury. A signing parent may rescind the acknowledgment within 60 days after signing or by the date of an administrative or judicial proceeding involving the child in which that parent is a party, whichever occurs first. After the applicable rescission period expires, the acknowledgment may be challenged in court only on the basis of fraud, duress or a material mistake of fact. The person challenging it must prove the grounds for the challenge.
2. A Paternity Case in Court
A paternity case can be filed under section 742.011, Florida Statutes, when paternity has not already been legally established. A case can be started by:
- The mother, including during pregnancy
- A man who has reason to believe he is the father
- The child, through a legal representative
The Florida Department of Revenue’s Child Support Program may also bring proceedings to establish paternity and support.
When paternity is disputed, the court can order genetic (DNA) testing. After the child is born, a parent can also ask the court to determine parental responsibility, establish a parenting plan and time-sharing schedule, and address child support.
3. An Administrative Order Through the Department of Revenue
In eligible cases, the Florida Department of Revenue’s Child Support Program can establish paternity through an administrative process using genetic testing, without a court hearing.
The Department can also establish child support administratively. An administrative paternity or support order does not by itself establish a parenting plan or time-sharing schedule.
4. Marriage After the Child’s Birth
If the mother was unmarried when the child was born and later marries the child’s father, that marriage can establish paternity. Additional paperwork may be needed to add the father’s name to the birth certificate.
What Establishing Paternity Does
Since July 1, 2023, Florida law expressly recognizes the mother and a father who has established paternity under section 742.011 or section 742.10 as the child’s natural guardians, with the rights and responsibilities of parents.
Establishing paternity does not by itself create an enforceable parenting plan or time-sharing schedule. Parents can ask the court to approve an agreed parenting plan. If they cannot agree, the court decides parental responsibility and time-sharing based on the child’s best interests.
Child support is generally calculated using Florida’s statutory guidelines and may be established through a court proceeding or an eligible Department of Revenue administrative proceeding. Learn more about time-sharing, parental responsibility and child support.
Attorney Fees and Costs
Florida law allows the court to order one parent to contribute toward the other parent’s reasonable attorney’s fees and costs after considering both parents’ financial resources. A parent seeking fees generally must demonstrate financial need and the other parent’s ability to contribute. An award is not automatic.
Fees may be requested while the case is pending and in later enforcement or modification proceedings. See paternity attorney fees and costs for details.
Depending on the court and the case, a standing or status quo order may govern certain conduct while proceedings are pending. Review any order that applies to your case. Learn more about paternity status quo orders.
Frequently Asked Questions
How do I establish paternity in Florida?
Common methods include signing a Voluntary Acknowledgment of Paternity, obtaining a court order or using the Florida Department of Revenue’s administrative process. Paternity may also be established when unmarried parents later marry. If the identity of the biological father is disputed, genetic testing may be ordered.
Can a Voluntary Acknowledgment of Paternity be undone?
A signing parent may rescind it within 60 days after signing or by the date of an administrative or judicial proceeding involving the child in which that parent is a party, whichever occurs first. After the applicable rescission period expires, a court challenge requires proof of fraud, duress or a material mistake of fact.
Does establishing paternity give the father time-sharing?
Establishing paternity gives the father legal parental status, but it does not automatically create a time-sharing schedule. Parents can seek court approval of an agreed parenting plan. If they disagree, the court determines time-sharing based on the child’s best interests.
Who can file a paternity case?
The mother, a man who has reason to believe he is the father, or the child through a legal representative may bring a paternity case. The Florida Department of Revenue’s Child Support Program may also initiate proceedings to establish paternity and support.
Does the father have to pay child support once paternity is established?
Establishing paternity creates a legal duty to support the child, but it does not automatically set a payment amount. A court or the Department of Revenue can enter a child support order using Florida’s guidelines. The calculation considers both parents’ incomes, the time-sharing schedule and other applicable factors. See our guide to child support in Florida.
Talk to a Florida Paternity Attorney
Whether you need to establish paternity, obtain a parenting plan or address child support, Costa & Associates can review your situation and explain your options. Contact us or call 305-827-0100 to schedule a consultation.