Establishing paternity means a legal acknowledgment of the father of a child. When paternity is established, the father has all the legal rights and responsibilities that come along with being a father.
When the biological father of a child is not obvious, there are many reasons to establish paternity. Knowing the identity of a child’s father can help provide valuable information on a family’s medical history.
Additionally, a child with a legally established father has a right to financial support, health insurance and other benefits. If you are the mother of the child, paternity gives you a right to child support, while if you are the father of the child, paternity provides you with visitation rights and the right to have say in major decisions involving your child.
There are a few different ways paternity is established in Florida. Paternity is automatically presumed when a man is married to the woman when a child is born. The husband is legally the child’s father and no further action must be taken.
Acknowledgment of paternity
When a couple is unmarried, paternity must be acknowledged. This can be done through signing a legal document after the child is born. Both the mother and the father must sign the document, which states that the man is the father of the child.
This is typically done at the hospital after birth, but it can be done at any time. It is important to note that an acknowledgment of paternity cannot be signed if the mother is married to someone else at the time. The mother’s husband is the legal father until other testing proves otherwise.
Court ordered paternity test
In this situation, the usual solution is to have a court ordered paternity test done. This proves the identity of the child’s biological father.
Even when there is no dispute over the child’s biological father, a paternity test must be done if the mother is married to overcome the presumption that her husband is the child’s biological father. When there is a dispute over the child’s biological father, the test results can provide the truth.
In addition to undergoing the paternity test, a court may require testimony from the alleged father as to why they believe they are the child’s father. It is then up to the judge to establish paternity. In some cases, further genetic testing, such as DNA testing, may be ordered.
Marriage after a child’s birth
If an unmarried couple who share a child later get married, the husband is legally presumed to be the legal father, but he must be added to the child’s birth certificate. This is done through submitting information to the Florida Office of Vital Statistics.
Establishing paternity and exercising the rights that go along with paternity can be complex and emotionally difficult. Although you may believe that all you need to do is sign a document, it is best to have counsel and advice from someone experienced with paternity and custody in Florida.
