Voluntary Acknowledgment: If both parents agree on the identity of the child's father, they can sign a voluntary acknowledgment of paternity form. This form is typically signed at the hospital shortly after the child's birth or can be completed later at the Office of Vital Statistics or the Department of Revenue. Once the acknowledgment is signed and filed with the appropriate agency, the father's name is added to the child's birth certificate, and he becomes the legal father of the child.

Petition to Establish Paternity: If there is a dispute over paternity or if one parent denies paternity, either parent can file a petition to establish paternity in family court. This petition initiates the legal process to determine the child's paternity through genetic testing and to establish the legal rights and responsibilities of both parents.

Genetic Testing: In a paternity action, the court may order genetic testing (DNA testing) to determine whether the alleged father is the biological father of the child. This testing is typically done through a simple cheek swab and is highly accurate in determining paternity.

Legal Rights and Responsibilities: Once paternity is established, the father has the legal right to seek custody or visitation with the child and may also be obligated to pay child support. The child also gains the legal right to inherit from the father and may be eligible for benefits such as Social Security or health insurance coverage through the father.

Child Support: In paternity actions, the court may order the father to pay child support based on Florida's child support guidelines. Child support payments are calculated based on factors such as the father's income, the mother's income, the child's needs, and the timesharing arrangement.

Timesharing and Parental Responsibility: Along with establishing paternity, the court may also address timesharing (custody and visitation) and parental responsibility (decision-making authority) in the paternity action. The court will determine timesharing and parental responsibility based on the best interests of the child.

Modification: Like other aspects of family law, paternity orders regarding child support, timesharing, and parental responsibility can be modified if there is a significant change in circumstances, such as a change in the child's needs or the parents' financial situations.

Overall, paternity actions in Florida are designed to ensure that children have legal recognition of their fathers and that both parents fulfill their legal obligations to support and care for their children, regardless of marital status. If you need assistance or guidance with a paternity action in Florida, call us and we can advocate for you.