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Paternity Lawsuit in Florida – Filing a Case (or Defending)

Paternity Lawsuit in Florida – Filing a Case (or Defending)

In this article, we’ll break down:

Determining paternity has significant legal, financial, and emotional implications for all parties involved, including the child. A paternity determination can impact child support, custody, and parental rights.

If you’re a mother seeking child support, a father fighting for parental rights, or an alleged father disputing paternity, understanding Florida’s paternity laws is key to protecting your rights. This guide will walk you through the process, from filing a lawsuit through the potential outcomes.

What is a Paternity Lawsuit in Florida?

A paternity lawsuit is a legal proceeding filed in the circuit courts to establish or dispute the biological father of a child. This process is necessary if the parents are unmarried and paternity has not been established voluntarily or otherwise.

Florida Statutes Chapter 742 is the controlling law on determining parentage in Florida. Meaning, all paternity lawsuits must adhere to the provisions of this law. The main goals of this statutory law is to set forth the procedures for determining the child’s legal father, establish parental responsibilities, create a parenting plan, set a time-sharing schedule, and address child support obligations.

Who Can File a Paternity Lawsuit in Florida?

Several parties have the legal right to file a paternity lawsuit in Florida:

  • The Mother: A mother can file a lawsuit to establish paternity and seek child support from the alleged father.
  • The Alleged Father: A man who believes he is the child’s biological father can file a lawsuit to establish legal paternity and gain parental rights. An alleged father may also file a lawsuit to disestablish paternity if he believes he is not the biological father of the child.
  • The Child: In some cases, a child (through a legal representative) may initiate a paternity action to determine their biological father. The statute of limitations for establishing paternity under Florida family law is four years after the child reaches the age of majority. A child can initiate paternity action up until their 22nd birthday.
  • The Florida Department of Revenue: If the mother applies for public assistance, the state can file a lawsuit to establish paternity and secure child support payments. The mother and presumed father have the option of cooperating with the Florida Department of Revenue and supplying genetic samples for paternity testing without a court order. If the parents choose to do this, they will not have to go to court or pay for a test.

Reasons to Establish Paternity

The main reasons for establishing paternity relate to child support and child custody decisions. Included here are choices and rights related to:

  • Education;
  • Access to medical records – knowing the identity of a child’s biological father gives access to information about the child’s medical history;
  • Making medical decisions for a child who is too young to give informed consent for certain procedures, or who is currently incapacitated;
  • The entitlement of child support – establishing the identity of the father is a key part of child support cases in Florida;
  • A child’s right to receive certain benefits (such as health insurance) from the father; and
  • Inheritance.

Additionally, for a man to have a right to petition for time-sharing and shared parental responsibility, they must be recognized as the legal father. If the parents were married at the time of the child’s birth, then the male is assumed to be the child’s father. However, if they were unmarried, the couple must complete an Acknowledgement of Paternity form or the father must prove paternity through scientific testing.

Note: An alleged father may wish to disprove paternity if he doesn’t believe he is the biological father of a child, to petition to have child support stopped. Once paternity has been dis-proven, the mother has the opportunity to seek paternity testing from other men who might be the father.

Steps to File a Paternity Lawsuit in Florida

The steps to file a paternity lawsuit in Florida are as follows:

  1. Determine Legal Standing: Confirm that you have the right to file based on your relationship with the child. Under Florida family law, only the Florida Department of Revenue, the mother and any alleged fathers have the right to initiate a paternity action. Step-parents, grandparents, and other relatives cannot initiate the process.
  2. File the Petition: Submit a Petition to Determine Paternity (Form 12.983(a)) to the appropriate Florida circuit court. If you find the form difficult to complete, Plantation Family Law can assist you with this.
  3. Serve the Other Party: Provide legal notice to the other parent, following the correct legal procedures. To keep the legal process moving smoothly, it’s important to serve the documents correctly. In-person service or registered mail are the usual options. See our article: “How to Serve Divorce Papers” for more information about the service process.
  4. Court Process & Evidence: You will be required to take an oath before you testify in front of the judge. As part of the process, the judge will give both the mother and the alleged father the chance to present their case. If you don’t wish to take a paternity test, this is your opportunity to present your case. If the judge feels the evidence presented is not sufficient to establish or disestablish paternity, they will order a DNA test.
  5. DNA Testing (if required): If paternity is disputed, the court may order a DNA test to confirm biological parentage. The DNA test is a highly accurate and non-invasive process involving taking a buccal swab (cheek swab) from each person. It can take 2-3 weeks for the results to arrive. The results will either state that the male can be ruled out as the father, or that they cannot be ruled out, based on the number of DNA segments tested that are a match. A high percentage match indicates the alleged father is the biological father or a close relative of the father (such as a brother).
  6. Final Court Order: Once the court has sufficient evidence, they will issue a final order establishing paternity and outlining parental rights and responsibilities. Depending on the result, the next step may be to update the child’s birth certificate or to have child support arrangements modified.

If either party refuses to comply with the order to take a paternity test, they run the risk of being found in contempt of court or having a default judgment entered in favor of the opposing party. A contempt of court order can result in a substantial fine or a custodial sentence (i.e. jail time). If an alleged father refuses to cooperate with the scientific testing, the court may issue a ruling based on the evidence already available to them.

If you have questions about the process, explore our FAQs about Paternity in Florida page, or contact us to discuss your specific circumstances in more depth.

Rights of Each of the Parties

Florida family law protects the rights of the parents and the child. The mother has the right to seek child support from the father, and to petition for either sole or shared parental responsibility. The father has similar rights, and also has the right to attempt to establish or disestablish paternity if their status as the father is in dispute.

Fathers who were unmarried when their child was born may wish to establish paternity so they can remain involved in the child’s life and have input into key decisions relating to the child’s education or healthcare.

Note: Taking a paternity test is just one part of the process. If a father wishes to disestablish paternity, they will have to go through a long and complex legal process, of which DNA testing is just the beginning. If a man believes that a child is not their biological son or daughter, they can petition the court to prove this at any point before the child’s 18th birthday.

Finally, a child has the right to know who his or her parents are, and to receive practical and emotional support from both parents. Even if the father chooses not to pursue visitation or time-sharing, knowing their identity is useful in the long term because it gives the child, for example, access to the father’s medical history.

Potential Outcomes of a Paternity Lawsuit

If paternity is established, this can lead to changes to the financial obligations of the father/alleged father, and to their parental rights. Where paternity is successfully established, the father will be added to the child’s birth certificate and may have the opportunity to petition for shared custody and parental responsibility. They’ll also become responsible for making child support payments. The child will gain access to social security benefits, health insurance, and other payments or distributions via the father.

If the alleged father disestablishes paternity, they will no longer be responsible for providing financial support, but will also lose parental responsibility and the right to time-sharing. If the identities of other potential fathers are known, the mother must initiate paternity lawsuits against them to determine the true identity of the father for child support purposes.

Contested vs. Uncontested Paternity Cases

If both parents agree on the father’s identity, all that’s required is for them to complete a Voluntary Acknowledgement of Paternity form. Once this form has been completed, there is a 60-day waiting period, after which the acknowledgment has the same effect as a court order.

If either party disputes the identity of the father, the court may order DNA testing. Contested paternity cases take longer to resolve than uncontested ones and can be more expensive to resolve. If either party does not wish to cooperate with DNA testing, they can present their arguments to the court, but once the test is ordered, they may be found in contempt of court if they refuse to comply. To learn more about contested paternity cases, see our article on court-ordered paternity in Florida.

Why Does It Matter That Your Attorney Has Experience With Filing a Paternity Lawsuit?

A family law attorney with extensive experience with paternity lawsuits will:

  1. strive to obtain a legal outcome that prioritizes the child’s welfare.
  2. carefully and efficiently navigate potential challenges, such as refusal to take a DNA test, and they’ll work to pre-emptively resolve any issues over parental rights, custody, and child support.
  3. ensure all papers are filed correctly and on time to avoid slowing down the legal process. This includes preparing and filing the paternity lawsuit complaint and other papers related to custody and child support issues.
  4. know how to present your case to the court based on past paternity lawsuits heard by the judge.
  5. know how the judge typically handles certain paternity issues based on past court cases.
  6. focus on resolving paternity lawsuits quickly and avoiding protracted litigation. This is often done through mediation which often leads to an amicable resolution that respects the rights and needs of the child and the parents.

Call Larry Schott Today to Get Help With Your Paternity Lawsuit

Establishing or disputing paternity in Florida is a critical legal process that affects parental rights, child support, and the child’s future. Whether you are filing a paternity lawsuit or defending against one, it’s essential to understand your rights and have help with the legal challenges you face with this type of lawsuit.

Having Attorney Larry Schott on your side can make a significant difference in securing the best outcome for you and your child. Contact Larry Schott today for a free initial consultation if you’re a mother or father dealing with a paternity lawsuit. Call 954-880-1302.

FAQs About Paternity Lawsuits in Florida

1. What must a husband do to contest the legitimacy of his wife’s child?

The husband must overcome the strong presumption of legitimacy by providing clear and satisfactory evidence.

2. Under what circumstances can a biological father seek to establish paternity?

A biological father can seek to establish paternity if both the mother and the legal father have surrendered their rights to the child.

3. Can a former husband bring an action to determine paternity of children born during the marriage?

Yes, a former husband can bring an action to determine paternity of children born during the marriage.

4. What is required for a natural father to have standing in a paternity suit?

The natural father must manifest a substantial and continuing concern for the welfare of his child.

5. Must a trial court hold an evidentiary hearing to determine a putative father’s standing in a paternity action?

Yes, a trial court must hold an evidentiary hearing.

6. Does the right to challenge paternity extend to the mother or father’s relatives after his death?

No, the right to challenge paternity does not extend to the mother or father’s relatives after his death.