Establishing paternity determines the legal relationship between a father and child. Paternity also carries significant financial and emotional implications. Paternity results affect parental rights, child support, custody arrangements, and access to important benefits. Florida law provides several avenues to establish or contest a father’s legal status.
Staples Law Group, P.A. knows that paternity cases are more than just legal disputes—they are deeply personal matters that can shape your family’s future. Whether you want to establish paternity to secure parental rights, ensure financial support for your child, or contest fatherhood, our firm can guide you through this complex legal process with skill and compassion.
Thanks to decades of family law experience, we proudly serve clients throughout the Florida Panhandle. We can provide legal counsel on paternity, custody, and child support matters. Our attorneys are dedicated to protecting the rights of parents and children alike. Call us today for a consultation.
How to Establish Paternity in Florida
Establishing paternity is the first step to securing the legal rights and responsibilities associated with fatherhood. There are several methods to legally establish paternity in Florida.
Voluntary Acknowledgment
You may voluntarily establish paternity through the Acknowledgment of Paternity form (DH-511). This form is available online, at hospitals, and at local Department of Health offices throughout Florida. It can be signed by both the mother and the father at the time of the child’s birth or shortly thereafter.
Once both parents sign the acknowledgment form, it is legally binding within 60 days of signing. After the 60-day period, the acknowledgment is considered final and cannot be challenged, except in cases where fraud or mistake can be demonstrated. This voluntary acknowledgment establishes the father’s rights and responsibilities, including the obligation to provide financial support and the right to seek custody or visitation.
Marriage and Presumption of Paternity
In Florida, there is a legal presumption that a child born to a married woman is her husband’s biological child. That is, when a child is born to a woman who is legally married, the law assumes that the husband is the child’s father.
However, while presumed paternity can guarantee the presumptive father a lot of rights, it’s not absolute. The child’s mother—and other potential fathers—may challenge paternity in court. Evidence, such as genetic testing, can be used to prove that someone else is the child’s biological father.
Administrative Order Based on Genetic Testing
The Florida Department of Revenue may conduct a paternity test. This statute is frequently used in child support cases—the DOR can initiate genetic testing when there is a dispute regarding who the child’s father may be.
The DOR may arrange for DNA testing. If the alleged father refuses to participate in testing, the DOR may get a court order to compel participation. If the test confirms that the alleged father is the biological father, the DOR can move forward with establishing child support obligations and other associated responsibilities.
Who Can File a Paternity Case?
Certain parties may initiate a paternity case under Florida law:
- The child’s mother: A mother may file a paternity action to legally establish the child’s father. This is often used to obtain child support, medical benefits, or other financial assistance for the child. Once paternity is established, the mother and father can also address custody (time-sharing) and parental responsibility through the court.
- Suspected fathers: If you believe you are a child’s biological father, you can file a paternity case to establish legal parental rights. Your petition allows you to request genetic testing. If you’re the child’s father, you will gain legal recognition—and all the rights and responsibilities that come with it.
- The child: A child (typically through a legal guardian or a court-appointed representative) may file a paternity action. This often occurs in cases where establishing paternity is necessary for inheritance rights, medical history access, or other legal benefits. If the child is underage, the court may appoint a guardian ad litem to represent their best interests.
- Florida DOR: The Florida DOR may file a paternity action on the child’s behalf. This is common in cases where one party is pursuing child support. If a mother applies for state assistance, such as Medicaid or Temporary Assistance for Needy Families (TANF), the state may try to establish paternity. This helps ensure that both parents contribute to the child’s financial well-being.
Disproving Paternity
In some cases, a man who has been legally recognized as a child’s father may want to dispute paternity. Florida law provides specific grounds and legal procedures for challenging paternity.
Grounds for Challenging Paternity
There are several valid reasons why someone may contest paternity, including fraud, duress, or a material mistake of fact. If a man was misled into believing he was the biological father—either through intentional deception or an honest misunderstanding—he may have grounds to challenge paternity. Furthermore, if genetic testing later proves that he is not the biological father, he can present this evidence to the court as a basis for disestablishment.
Disestablishment of Paternity
A legal father may file a petition to disestablish paternity if he discovers new evidence proving that he is not the child’s biological father. However, there are strict legal requirements that must be met. The petitioner must provide:
- An affidavit explaining any newly discovered evidence that was not available at the time paternity was initially established.
- DNA test results proving that he is not the biological father.
- Proof that his child support obligations are current at the time of filing
Once the petition is filed, a judge will consider whether the petitioner voluntarily acknowledged paternity, signed the birth certificate, or previously assumed parental responsibilities. They may also consider the child’s emotional well-being and how long the man has acted as the child’s father. Depending on the circumstances, the court may uphold the existing paternity ruling or grant the request for disestablishment.
Impact on Child Support Obligations
If the court grants a petition to disestablish paternity, the petitioner’s future child support obligations will be terminated. However, Florida law does not provide for automatic reimbursement of past child support payments, even if you were mistakenly identified as the father. Any child support paid before that remains legally binding and cannot be recovered.
Because the legal and financial consequences of disputing paternity can be significant, anyone considering this process should work with an experienced Pensacola family law attorney.
Consult a Pensacola Paternity Lawyer Today
If you’re dealing with paternity issues, the attorneys at Staples Law Group, P.A. can help. Call us today for a consultation to learn more about your legal options.