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Paternity Helping People Move Forward with Their Life

Orlando Paternity Lawyer

Representing Both Parties in Florida Paternity Actions

Establishing legal paternity is essential for both fathers and children, as it secures parental rights, financial responsibilities, and access to important benefits. Whether you need to establish paternity voluntarily or involuntarily, or you are facing a paternity dispute, our team at The Virga Law Firm, P.A. can help.

With over 100 years of combined experience, we have assisted countless families across Florida with paternity cases, helping fathers assert their parental rights and mothers secure child support obligations. If you need legal guidance regarding paternity, contact our Orlando paternity attorneys today to discuss your case.

We represent clients throughout Orange County and Central Florida. Call (800) 822-5170 to schedule a consultation.

Understanding Paternity in Florida

Paternity is the legal establishment of a child’s biological father. In Florida, an unmarried father does not automatically have legal rights to their child, even if they are listed on the birth certificate. This can lead to issues when it comes to custody, visitation, and child support.

Without legal paternity:

  • The father has no legal right to custody or visitation.
  • The mother cannot request child support through the courts.
  • The child may be ineligible for inheritance, Social Security, or health insurance benefits through the father.

Establishing paternity can protect both the rights of the father and the best interests of the child.

How Paternity is Established in Florida

Paternity can be established voluntarily or involuntarily through legal proceedings.

1. Presumed Paternity (Automatic Paternity). Under Florida law, a father is automatically presumed to be the legal parent if:

  • The child is born during a marriage.
  • The father marries the mother after the child is born and is added to the birth certificate.
  • The father signs a Voluntary Acknowledgment of Paternity in front of a notary or witnesses.

If none of these conditions apply, paternity must be legally established through additional steps.

2. Voluntary Paternity Establishment

If both parents agree on paternity, they can:

  • Sign a Voluntary Acknowledgment of Paternity, which gives the father legal rights.
  • File a petition to establish paternity, which may involve a court order for DNA testing.

Once established, the father gains custody and visitation rights while also assuming financial responsibility for child support.

3. Involuntary Paternity Determination. If the alleged father does not acknowledge paternity, a legal action can be initiated by:

  • The child’s mother seeking child support.
  • The Florida Department of Revenue (DOR) enforcing child support obligations.
  • The father seeking custody and parental rights.

In these cases, a court may order a DNA test to confirm biological paternity. If the test confirms paternity, the court will issue a legal declaration that includes child support obligations and may establish custody and visitation rights if requested.

What Happens After Paternity is Established?

Once paternity is confirmed, the court can address:

  • Child Support – The father will be required to financially support the child according to Florida child support guidelines.
  • Custody and Visitation – Fathers can petition for custody and parenting time.
  • Parental Decision-Making Rights – The father may gain the ability to participate in major decisions regarding the child’s education, healthcare, and upbringing.

If paternity is established only through child support enforcement, it does not automatically grant the father custody or visitation rights. Fathers who want time-sharing must file a separate petition for custody and parenting time.

Orlando Paternity Frequently Asked Questions (FAQ)

Do I Need a DNA Test to Establish Paternity?

Not always. If both parents agree on paternity, they can sign a Voluntary Acknowledgment of Paternity without a DNA test. However, if paternity is disputed, the court may order genetic testing.

Can a Father Be Required to Pay Child Support Without Custody Rights?

Yes. A court can require a father to pay child support even if he does not have custody or visitation rights. Fathers who want parenting time must file a separate petition.

What if Someone Else Has Been Named the Child’s Father?

If another person has been legally recognized as the father (e.g., the mother's husband or another man who signed a paternity acknowledgment), you may need to challenge paternity in court before asserting your rights.

Can Paternity Be Disputed After It Is Established?

Yes, but it can be difficult. If a father was incorrectly named on a birth certificate or a paternity acknowledgment was signed under fraud, mistake, or duress, he may be able to dispute paternity through legal proceedings.

Speak With an Orlando Paternity Attorney Today

Paternity cases can be complex, but our team at The Virga Law Firm, P.A. is here to protect your rights. Whether you are a father seeking to establish paternity and custody rights or a mother seeking financial support, we can help you navigate the legal process. 

Why Choose Our Firm?

  • Over 100 years of combined legal experience in Florida family law
  • Representation for both fathers and mothers in paternity cases
  • Strong advocacy for custody, child support, and parental rights
  • Proven track record of success in Orlando family courts

If you have questions about establishing or disputing paternity, call our Orlando paternity lawyers today. We serve clients throughout Orange County and beyond. 

Our Core Values

  • The Client Comes First and All Else Will Follow
    We take pride in delivering best-in-class client service and experience, understanding the privilege and responsibility we have when assisting clients and their families through legal matters. It is our highest obligation.
  • Authenticity and Transparency
    We believe in being transparent about who we are, with ourselves, each other, and our clients and partners. This authenticity builds trust and fosters strong relationships.
  • Relentless Pursuit of the Win
    We achieve stellar results by focusing on personal and professional performance and goals. Our relentless pursuit ensures we deliver exceptional outcomes for our clients.
  • Growth Mindset
    We continuously learn, grow, and improve as individuals, as a law firm, and as advocates for our clients. We set and exceed both personal and professional goals to ensure ongoing development.
  • Ownership
    We take responsibility for our work and actions, ensuring accountability in all that we do. Our commitment to ownership drives excellence and fosters a culture of trust and reliability.
  • Results Driven
    We focus on outcomes and disregard the level of effort required. We have the vision and the discipline to do the work and face challenges to make our vision a reality for our clients.
  • Respect and Celebration for One Another
    We support each other with kindness and respect, emphasizing a positive work culture and celebrating along the way. We respect our clients and support them through their challenges.
  • Unquestionable Integrity
    We stand up for what’s right with consistently sound ethics and courageous honesty. Our integrity is the foundation of our practice and guides our actions and decisions.
  • We are in it Together
    We are client and team-focused, committed to the firm’s vision, and act for the greater good. We carry our weight, bring others along, and act with civility, candor, and respect in all interactions.
  • Reputation
    Reputation is everything. We strive to have the best personal and professional reputations. We want our reputation to precede us and for opposing counsel to know we are committed to fighting for our clients.
  • Community Stewardship
    We embody the concept of giving back to the community. The Virga Law Firm is committed to supporting and improving the community through responsible and caring actions, setting an example of character.

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