Establishing Paternity in Florida
A Legal Path to Fatherhood and Parental Rights
For unmarried parents, confirming legal fatherhood is the first step toward custody, visitation, and support. Whether voluntary or court-ordered, the paternity process ensures the child’s rights—and the father’s—are protected under Florida law.
Voluntary vs. Court-Ordered Paternity
Understanding Your Legal Options
Paternity in Florida can be established voluntarily or through a court proceeding. If both parents agree, they can sign a Voluntary Acknowledgment of Paternity—usually at the hospital or shortly after birth. This form becomes legally binding after 60 days unless challenged in court.
If there’s disagreement or uncertainty, either parent may initiate a legal case to determine paternity. This process often includes DNA testing and may also address related matters such as custody, visitation, and child support.
Filing a Paternity Petition
Going Through the Court to Confirm Fatherhood
A formal paternity petition asks the court to legally name the father of a child. These petitions are typically filed in circuit court and may be submitted by the mother, the alleged father, or even the child (through a legal guardian).
The Department of Revenue (DOR) can also file on behalf of the mother to seek child support. However, DOR actions only address
paternity and financial support—not parenting time. To secure
custody or visitation rights, it’s essential to file a petition with the help of a private family law attorney.
Court-Ordered DNA Testing
Scientific Proof in Disputed Cases
If the identity of the father is in question, the court may order genetic testing. DNA samples—usually cheek swabs—are taken from the child, the mother, and the alleged father. When results confirm paternity with 99.9%
probability, the court will issue an order establishing legal fatherhood.
If results exclude the man as the biological father, the case against him is dismissed. This testing provides a reliable and objective way to resolve uncertainty and protect everyone’s legal interests.
Timeline and What to Expect
From Filing to Final Order
The duration of the paternity process depends on whether the case is contested. If both parents cooperate and no testing is needed, the process may take just a few weeks. If DNA testing and custody/support issues are involved, it could take several months.
Filing through family court—rather than relying on the Department of Revenue—gives fathers the opportunity to address
timesharing and custody alongside legal paternity, providing a more complete outcome.
Legal Rights After Paternity is Established
What Changes Once You’re the Legal Father
Before legal paternity is established, a biological father has no enforceable rights to custody or visitation and is not obligated to pay child support. Once paternity is confirmed, the father can pursue a parenting plan and is also subject to child support requirements under Florida law.
Establishing paternity is the gateway to a legally recognized parent-child relationship—opening the door to both rights and responsibilities.
Start the Process with Experienced Legal Guidance
Your Child Deserves Clarity, and So Do You
Whether you’re a father seeking rights or a mother needing support, establishing paternity is a critical first step. We’ll guide you through every stage—from filing to final order—and ensure your voice is heard in court.
Contact us to begin your Florida paternity case with confidence.
