Florida Paternity Attorney

Establishing Paternity in Florida

Establishing legal paternity is essential for securing the rights and responsibilities of both parents and the child. In Florida, paternity is automatically presumed when a child is born to a married couple. However, when a child is born to unmarried parents, legal action may be necessary to establish the biological father’s parental rights and obligations.

At The Virga Law Firm, P.A., we help parents navigate paternity actions, whether you are a parent seeking child support or a father looking to secure your parental rights. Our Florida paternity lawyers have extensive experience representing clients in paternity disputes, child custody cases, and time-sharing agreements.

If you need legal guidance regarding paternity establishment, child support, or time-sharing rights, our team is ready to assist. Call (800) 822-5170 or contact us online to schedule a consultation.

Why Establishing Paternity Matters

Legal paternity provides both parents and the child with important rights and protections, including:

• Parental Rights & Custody – A biological father must establish legal paternity before seeking time-sharing (custody) or parental decision-making rights.
• Child Support Obligations – Once paternity is legally recognized, the father can be required to provide financial support for the child.
• Access to Benefits – A child may gain access to health insurance, Social Security, military benefits, and inheritance rights from the father.
• Medical History – Establishing paternity allows access to important family medical history, which can be critical for a child’s health.

Without a formal legal determination of paternity, a father does not automatically have parental rights, and a mother may struggle to obtain financial support from the biological father.

Ways to Establish Paternity in Florida

1. Voluntary Acknowledgment of Paternity

If both parents agree on paternity, they can sign a Voluntary Acknowledgment of Paternity form, which:

• Must be signed under oath by both parents.
• Grants the father legal parental rights.
• Can be revoked within 60 days if either parent changes their mind.

This is the simplest way to establish paternity when both parents are in agreement.

2. Court-Ordered Paternity Action

If paternity is disputed or needs to be legally confirmed, a paternity action can be filed in court. This action can be initiated by:

• The mother, to establish paternity and seek child support.
• The alleged father, to confirm paternity and secure custody or visitation rights.
• The Florida Department of Revenue (DOR), to establish child support obligations only.

In cases initiated by the DOR, a father may be required to pay child support, but he does not automatically gain visitation or parental rights unless he files his own paternity petition.

3. DNA Testing to Determine Paternity

If there is uncertainty or disagreement regarding paternity, the court may order genetic testing (DNA testing).

• DNA tests are highly accurate and provide a scientific basis for determining paternity.
• If a father refuses to take a court-ordered DNA test, the court may presume paternity based on other evidence.
• If paternity is confirmed, the court can establish child support, custody, and other parental rights.

If a paternity claim is filed before a child is born, the court can order genetic testing, but final determination cannot be made until after birth.

When Should You Bring a Paternity Action?

A paternity action should be filed when:

• A father wants legal parental rights but is not listed on the birth certificate.
• A mother needs child support but the father has not legally acknowledged paternity.
• There is a dispute over parentage and a court ruling is required.
• The Florida Department of Revenue is seeking child support but the father wants custody or visitation rights.

If you are unsure whether you need to file a paternity action, speaking with a family law attorney can help clarify your options.

Does Establishing Paternity Automatically Grant Custody?

No. In Florida, establishing paternity does not automatically grant custody or time-sharing rights.

• A legally recognized father must still petition for time-sharing (custody) to obtain parental rights.
• The court will consider the best interests of the child when determining custody, visitation, and decision-making responsibilities.
• If paternity is established through the Florida Department of Revenue, a father may be ordered to pay child support without receiving any custody or visitation rights.

Fathers who want to be involved in their child’s life should file for custody and time-sharing as part of their paternity action.

What Happens After Paternity Is Established?

Once paternity is determined, the court can issue orders related to:

• Parental Responsibility & Time-Sharing – The court may establish a parenting plan outlining custody, visitation, and parental decision-making.
• Child Support – The father may be ordered to provide financial support for the child.
• Birth Certificate Updates – The father’s name can be added to or corrected on the child’s birth certificate.

If you are involved in a paternity case, having an experienced attorney on your side can ensure your rights are protected.

Contact a Florida Paternity Attorney Today

Paternity cases can be complex and emotionally challenging, especially when custody, support, and parental rights are at stake. At The Virga Law Firm, P.A., we provide experienced legal guidance for parents navigating paternity actions, custody disputes, and child support cases.

Our attorneys serve clients in Orlando, Pensacola, Navarre, Panama City, Fort Walton Beach, and beyond. Call (800) 822-5170 or contact us online to schedule a consultation and protect your parental rights.