Orlando Paternity Lawyers
Experienced Divorce Lawyers - Virga Law Firm, P.A.
Paternity is how the legal system identifies and legally determines who the father of the child is. Contrary to the common belief held by the public, simply signing a child's birth certificate may not legally establish paternity. Furthermore, there are more ways to establish paternity that do not involve a DNA test.
Presumed Paternity
Paternity of a child is presumed in Florida when:
- The child is born within a marriage
- The father is listed on the birth certificate and marries the child’s mother after the child is born
- The father signs a voluntary acknowledgment of paternity and the parties have the father's name placed on the birth certificate
If you are the biological father of a child and another person takes the presumed paternity actions before you do, it is possible you could lose the right to have the court determine you are the child's father. If you or a loved one may be experiencing issues regarding paternity, call our Orlando office today to schedule your same day consultation.
Involuntary Paternity Determination
In some cases, even if the biological father has not sought to establish legal paternity, the State of Florida, through the Department of Revenue Child Support Enforcement Unit, or the child's mother may bring a paternity case to involuntarily establish paternity. Our Orlando family law attorneys are extensively experienced in both cases.
In an involuntary paternity determination case, the child's father will be made to appear before a family law judge or general magistrate. The judge or magistrate will order a DNA test be conducted, unless the father willing acknowledges being the child's father. If based on the DNA tests the court determines the child is biologically the father’s, the father will then be obligated to pay child support.
Contrary to popular belief, a determination of paternity and creation of a child support obligation may not entitle the father to any child custody or visitation rights. Your Orlando family law attorney will ensure that those issues are properly raised on your behalf before the court, and thus addressed simultaneously with the involuntary paternity determination suit. In many cases, your Orlando attorney may need to bring a separate lawsuit or counter petition on your behalf to gain the right to spend time with his child.
No matter what type of paternity case you may be facing, if you have questions regarding custody or child support call our experienced Orlando paternity attorneys and schedule your consultation today.
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