What Does It Mean to Establish Paternity in Florida?
Legal parent means that they are on the birth certificate because they executed the Acknowledgement of Paternity Affidavit and/or the child was born during the marriage (even if that husband is not the biological Father, he will be the legal father in the eyes of the court).
Biological parent means they are the actual Father (their sperm) and legal Father is because they either executed the Acknowledgement of Paternity Affidavit and/or the child was born during the marriage
DNA testing is to determine if a man is the biological Father if there is a question about true “paternity”, but paternity can also be established if the Mother is married to a man during the birth of the child OR by adjudication by a judge.
Married Fathers are already considered the legal Father (even if they are not the biological Father). Unmarried Fathers have to take extra steps, and if a biological Father wants to establish paternity to his child but the Mother is married to someone else, he has to file an actual lawsuit to disestablish the husband’s paternity.
Why Is Establishing Paternity Important for the Child?
For mothers, establishing paternity helps ensure that both parents contribute to the child’s upbringing. While paternity does not automatically guarantee shared parental responsibility, it is required before a father can request it. Without legal paternity, the mother carries the full burden of decision-making and parenting.
Paternity is also necessary for enforcing child support. A biological father can be required to pay support even if he is not the legal father, because the State of Florida does not want to assume financial responsibility for the child. The Department of Revenue can assist mothers in establishing support through the biological father, ensuring financial stability for the child.
In terms of decision-making, establishing paternity does not automatically give mothers new protections – however, it does clarify legal rights and prevents later disputes from becoming more complicated. Many Central Florida mothers assume they naturally have more rights than the father, but legally this is not true. Fathers simply must go through a specific process to gain their rights.
Why Is Establishing Paternity Important for the Father?
Failing to establish paternity can create long-term complications for all parties involved. For fathers, it means no legal rights whatsoever – no time-sharing, no decision-making, and no authority in the child’s life. Yet the biological father may still be ordered to pay child support through a Department of Revenue action.
For mothers, the consequences include lacking the ability to enforce support, raising the child without a second parent’s involvement, and depriving the child of medical history, family connections, and lineage.
Children experience the greatest loss: no relationship with one parent, no access to benefits like health insurance, no inheritance rights, no understanding of their family medical history, and potential loss of identity or emotional grounding.
Legal risks for fathers who delay establishing paternity
The longer a Father takes to establish paternity there may be some challenges that creep up, like the child recognizing another person as their Father, child rejecting you, child being adopted by another person for the biological father’s failure to interact or support the child. Fathers have to participate in reunification therapy to assist in establishing a relationship, a legal battle that can be expensive.
Why Is Establishing Paternity Important for the Mother?
Paternity does not ensure shared responsibility of the child, as shared parental responsibility has to be in the child’s best interest; however, without paternity you will not have shared parental responsibility as you will not be entitled to the same.
Mother can enforce child support via the biological Father, not just the legal Father. As the state does not want to be financially responsible for a child, so the department of revenue will assist a mother in obtaining child support from a biological father. So YES, a biological Father can be required to pay child support but if he is not the legal Father he will not have rights to time-sharing or shared parental responsibility or any contact with the child.
Mother’s who are not married to the Fathers seem to believe that they have superior rights over the Father’s and it is simply not true; however, Father’s will have to take extra steps to obtain their rights. It is not complex, but there is a process.
What Happens If Paternity Is Not Established?
Failing to establish paternity can create long-term complications for all parties involved. For fathers, it means no legal rights whatsoever—no time-sharing, no decision-making, and no authority in the child’s life. Yet the biological father may still be ordered to pay child support through a Department of Revenue action.
For mothers, the consequences include lacking the ability to enforce support, raising the child without a second parent’s involvement, and depriving the child of medical history, family connections, and lineage.
Children experience the greatest loss: no relationship with one parent, no access to benefits like health insurance, no inheritance rights, no understanding of their family medical history, and potential loss of identity or emotional grounding.
Long-term, the absence of established paternity can create legal disputes surrounding inheritance, relocation, parental rights, and future claims. The longer paternity goes unestablished, the more difficult it becomes to create or rebuild a healthy parent-child relationship.
How Do You Establish Paternity in Central Florida?
Paternity may be established through:
- Voluntary acknowledgment (signing the affidavit at birth)
- Administrative process through the Florida Department of Revenue, often requiring DNA testing
- Court order, requires A Petition for Paternity and a DNA test
- Marital presumption—the husband is automatically presumed to be the father if the child is born during the marriage
Depending on the facts surrounding your case the timeline and steps vary. Of course, the more uncooperative the Mother is the more difficult it will be to get access to the child. Access to the court can be difficult sometimes, and the judge assigned to the case will either expedite a matter for a Father who is not seeing their child or not, and it is very frustrating.
It is important to hire an attorney that will go to bat for you and try to get you adjudicated immediately so you can start filing Motions to prevent the Mother from leaving the jurisdiction, and if you are not the legal Father she can move wherever she wants with the child.
Even if you are not having contact or time-sharing with the child, you will be required to pay child support if you are the biological Father, as time-sharing and child support are treated separately. The laws and procedures in Florida are improving for the unmarried Father’s but it is still more of a battle when there is a Mother who is trying to keep the Father away, in the beginning. Once you are able to get before a Judge, most will provide make up time-sharing and even some will place a Mother in Jail for violations of standing administrative orders that state time-sharing should not be withheld.
If you were not present at birth and want to be sure you are recognized as the Father, you MUST add yourself to the Putative Father Registry, this is to preserve your rights and to avoid a Mother from putting your child up for adoption without your knowledge. A putative father is an alleged biological father who has not legally established paternity and must actively pursue parental rights. This is different than a presumed father who has established legal rights through marriage, executing the acknowledgment of paternity affidavit, or court order. Putative fathers need to take legal action to protect their rights, and the sooner the better, as once a child is adopted to another family it is not usually reversible.
How Can Schwam-Wilcox & Associates Help With Paternity Cases?
Schwam-Wilcox & Associates handles paternity matters in Orange, Osceola, Seminole, Lake, Volusia, and all over the state of Florida. Children deserve both parents and parents have equal rights to their children.
- Petition for Paternity
- Disestablishment of Paternity
- Adoption protection- contesting adoption for biological and putative Fathers
We are a child focused firm, looking out for the best interest of the minor children and making sure that they have the best chances for a successful life, which starts with having 2 loving parents when at all possible, especially if there is a Father who is seeking to have that relationship with their child.
We give our clients all of the legal advice with options on how to achieve their goals with reasonable expectations. We work hard to settle matters without the emotional and financial stress of a trial through dispute resolution (collaborative process, mediation, negotiations). However, if the matter requires litigation, we are an asset in your corner, helping you navigate the difficult legal world to help you achieve results. We promise to work hard for you, but we cannot ever promise an outcome.
Schedule a Consultation
The attorneys at Schwam-Wilcox & Associates pride ourselves on straight talk with no fluff, so you understand the positive and negative aspects of your case. We are very communicative and easy to reach. We explain the process and provide you with a status in common terms without all of the confusing legal jargon.
When you’re going through your worst, we are at our Best!
FAQs
How long does it take to establish paternity?
Every case is different because all of the facts are different; however, when we have a case with Father without legal status, we take action immediately to avoid the Mother from leaving the city, county or even state, without legal adjudication that cannot be done, neither can time-sharing.
Do I need an attorney for paternity?
An attorney is never required but always recommended. Would you go to a dentist to extract your tooth or do it yourself? Of course it can be done but why go through the unnecessary pain when you can get it done the right way. It is better to have an attorney for the original matter as modifications of bad Final judgments can be difficult as the burden of proof shifts from preponderance (51%) to Clear and Convincing (much higher burden). You have to prove a substantial change in circumstances to get past a Motion to Dismiss the modification. It is always better to get it done the right way the first time.
Can paternity be contested?
Yes, by a Man Married to the Mother at the time of delivery or by a Mother stating you are not the biological Father.
What if someone refuses DNA testing?
You can obtain a court order to get a paternity test
Can time-sharing be ordered before paternity is established?
No
