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Court-Ordered Paternity in Florida – DNA Testing Explained

Court-Ordered Paternity in Florida – DNA Testing Explained

In this article, we’ll break down:

Navigating a court-ordered paternity test in Florida can be difficult for both parents and the child. The process can be particularly stressful for alleged fathers facing legal action. Paternity lawsuits involve DNA testing, court filings, and potential consequences that could impact your rights and responsibilities. Whether you’re trying to confirm or contest paternity, understanding the legal framework is key to a successful outcome.

What is Court-Ordered Paternity in Florida?

A court-ordered paternity test is a legal directive requiring a man to undergo DNA testing to determine if he is the biological father of a child. Either parent can initiate the process of having a court-ordered paternity test performed. The Florida Department of Revenue may also request a court order for a paternity test for the purposes of enforcing child support payments.

Court-ordered paternity testing may be necessary if an unmarried mother needs to pursue an alleged father for child support and the alleged father doesn’t agree that the child is his. Paternity testing may also be required if a married couple separates and the father believes the child is not his because they know or suspect infidelity on the part of the mother.

Under Florida Statutes Chapter 742, the court has the authority to mandate paternity testing if the biological relationship between a father and child is uncertain. The goal is to protect the child’s best interests while ensuring legal parental responsibilities are appropriately assigned. Paternity testing is often used to establish paternity in child support cases in Florida. It helps ensure children receive financial and emotional support from both biological parents.

How Does Court-Ordered Paternity Differ from Voluntary Acknowledgment?

When a married couple has a child, paternity is automatically established. However, if the parents are unmarried when the child is born, additional steps must be followed to establish paternity. Following the correct process is important to protect the rights of the mother, father, and child.

If paternity is not in dispute and the relationship between the parents is amicable, voluntary acknowledgment is the simplest and least expensive option for confirming paternity. Usually, paternity is confirmed in this way by signing a Voluntary Acknowledgement of Paternity (VAP).

A Voluntary Acknowledgement of Paternity is a document signed by both parents, typically at the hospital after birth, confirming the man is the child’s father. The form will become legally binding 60 days after being signed and has the same legal effect as a court order.

There are several key differences between VAP and court-ordered paternity:

  • VAP is signed voluntarily without legal intervention.
  • A court-ordered paternity test is necessary when the father denies paternity, the mother disputes it, or another party (such as the Florida Department of Revenue) initiates legal action.
  • Court-ordered paternity requires genetic testing, whereas VAP is based solely on agreement.

If the identity of the father is in dispute, voluntary acknowledgment of paternity may not be an option, and a formal paternity test is required.

When Do Courts Order Paternity Testing?

A Florida court may order a paternity test if the mother and father were unmarried when the child was born and the couple did not follow the Voluntary Acknowledgement of Paternity process. If the father is not named on the birth certificate, and paternity is now in dispute, a DNA test can settle the dispute.

Establishing paternity is a key part of determining child support obligations, as well as parental responsibility and time-sharing rights. If a mother wishes to pursue a man for child support, they must prove that this person is the biological father of their child. An alleged father may apply for a paternity test to disestablish paternity for the purposes of child support. The family court process exists to ensure the right person is held responsible for the care of a child, and a man will not be forced to pay child support until it’s proven he is the biological father.

Paternity tests might also be required as part of child custody disputes if the legal father and biological father are different individuals. Paternity rights and child support obligations in Florida differ for legal fathers and biological fathers. An experienced family law attorney can help you understand your child support obligations and custody rights and how the results of a paternity test might affect those rights.

The statute of limitations for establishing paternity in Florida is when the child reaches 22 years of age (four years after the age of majority). This allows for a father to establish paternity so they can provide health and life insurance, and entitle the child to future inheritances. Establishing paternity may also make the child eligible for certain Social Security benefits. However, in most cases, a couple would want to take action to establish paternity when the child is much younger so they can establish custody, visitation schedules, and parental responsibility, as well as child support payments.

The Florida Department of Revenue can help couples determine paternity without going through the court process. If the mother and presumed father are willing to cooperate, supplying genetic samples for testing by the Florida Department of Revenue could save time and money. If the presumed father is found to be the biological father, the Department of Revenue will issue an Administrative Order of Paternity, and have the Florida Bureau of Vital Statistics add the father’s name to the child’s birth certificate.

The Process for Establishing Court-Ordered Paternity – DNA Testing

The key steps are:

Filing a Petition for Paternity

The mother, the alleged father, or the Florida Department of Revenue can file a petition for paternity. The process begins by filing a Petition to Determine Paternity in a Florida family court. This requires completing the Florida Supreme Court Form 12.983(a).

Serving the Other Party

The petitioning party is required to serve legal notice to the other party. This can be done through personal service, certified mail, or other acceptable service methods. If you’re an alleged father and you have received notice of a paternity lawsuit, it’s vital to respond promptly to the notice. Failure to respond in time could lead to the court entering a default judgment against you. This would declare you to be the biological father, making you liable for child support and also linking the child to you concerning benefits, inheritances, and health insurance.

Court Proceedings & Evidence

Both parties will be allowed to present their evidence regarding paternity. Based on this evidence, the judge might decide immediately or order you to take a DNA test. The court’s ruling will impact parental rights, child support payments, and financial obligations. If the court orders a genetic test, one or both parents may be ordered to pay for the testing and any other court costs.

DNA Testing and Compliance

If the judge orders scientific testing to determine paternity, this must be carried out at an American Association of Blood Banks (AABB)-accredited laboratory. These tests are incredibly accurate and are the primary means of establishing paternity in Florida.

The test involves DNA samples being taken from the alleged father, the child, and in some cases, the mother. DNA testing is not an invasive procedure. Samples are taken using a buccal (cheek) swab. Each person who is taking the test will be asked to provide a photo ID to confirm their identity. If the child does not have a photo ID, an alternative such as a birth certificate or school ID card may be accepted instead.

The test results should be available within 2-4 weeks. DNA tests look at segments of DNA from the child and the father to see if they match. Several sections, or “locus” will be examined, and based on the number of matches the test will give a result as a percentage probability, either 0% (not a match) or 99.9% (highly probable match). False positives may occur if the alleged father and the biological father are closely related (e.g. brothers) but generally a test that comes back as a close match is a strong indicator of paternity:

Test results are admissible in evidence and should be weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds 95 percent. A statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304, that the alleged father is the biological father of the child. If a party fails to rebut the presumption of paternity which arose from the statistical probability of paternity of 95 percent or more, the court may enter a summary judgment of paternity. If the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice.

See: Florida Statute 742.12 Section (4):

Order Determining Paternity & Related Legal Issues

If the DNA test confirms paternity, the court will issue an Order of Paternity. This order may result in a requirement for the father to pay child support and may also result in modifications to the birth certificate, as well as changes to custody or time-sharing agreements.

If the result indicates the alleged father is not the biological father, paternity may be disestablished, removing the requirement for the alleged father to make child support payments.

The Rights of Each of the Parties

Family law in Florida confers rights and responsibilities upon the mother and father of a child and gives alleged fathers the right to contest paternity claims. Children have the right to know the identity of their biological father and establish a legal relationship with them, as well as to receive support (financial and emotional) from both parents.

The alleged father has the right to contest paternity claims and request genetic testing before having their legal obligations imposed. A man may also request a paternity test to prove they are the biological father if they wish to pursue visitation and shared parental responsibility after a relationship breakdown with the mother.

Mothers have the right to have paternity legally determined so they can pursue a father for child support, or ensure visitation and parental responsibility are granted to the correct individual.

What Happens If a Party Refuses a Court-Ordered Paternity Test?

If an alleged father does not wish to take a DNA test, they will have the opportunity to explain to the judge why they believe a test is not necessary. However, if the judge disagrees with them and orders a paternity test, they must comply with the order.

Refusing to comply with a court-ordered paternity test can have serious legal consequences:

  • The court may hold the refusing party in contempt of court. This is a serious matter which can result in fines or a custodial sentence. You may also be required to pay the other party’s legal fees if you fail to comply with a court order.
  • A default judgment may be entered, legally declaring the alleged father as the child’s parent without DNA confirmation. Once this order has been issued, enforcement actions can be taken to ensure child support is paid.

If a mother refuses to participate in the DNA testing process, the judge may dismiss the case. This could result in existing child support or custody arrangements being altered. The court’s goal is to act in the best interests of the child, and both the mother and the alleged father are encouraged to cooperate in the process of establishing paternity.

To learn more about the paternity testing process and what will happen at each stage, review our page covering FAQs about Paternity in Florida.

Why Does It Matter That Your Attorney Has Experience With Court-Ordered Paternity?

If you’ve been served with a paternity lawsuit or are thinking of initiating one, working with an experienced family law firm gives you a better chance of a successful outcome. They have an in-depth knowledge of paternity law in Florida and can help you navigate the court process.

A family law attorney understands the DNA testing process and how the outcome of the paternity lawsuit will impact child support payments, parental responsibility, custody, visitation, and even benefit entitlements. They can help you complete a paternity lawsuit form and successfully navigate the court process, as well as plan your next steps once paternity is confirmed or disestablished.

Contact Larry Schott Today To Have Him Guide You Through the Challenges of Court Ordered Paternity

If you’re facing a court-ordered paternity case in Florida, you should seek legal advice from someone with years of experience. Hiring experienced legal counsel ensures that you will navigate the challenges effectively, have your rights protected, and secure the best possible outcome for you and your child.

For help with a court-ordered paternity lawsuit in Florida, contact Larry Schott today. He understands that a paternity determination is stressful for everyone involved. That’s why he’ll be there to answer your questions, walk you through the process, and provide compassionate support. Call 954-880-1302.

FAQs About Court-Ordered Paternity in Florida

1. What must the trial court determine before ordering paternity testing?

The trial court must determine that the testing would be in the child’s best interest.

2. What is required for paternity evaluation test results to be admissible in court?

Paternity evaluation test results must be properly authenticated to be admissible.

3. What role does a guardian ad litem play in paternity actions involving blood tests?

The guardian ad litem must be appointed to represent the child before determining the child’s best interests.

4. Under what condition can an HLA test be admitted in paternity actions?

An HLA test can be admitted as a means of proving paternity where good cause is shown.

5. Is it improper for a trial court to order DNA testing of a presumptive father without considering the child’s best interest?

Yes, it is improper for a trial court to order DNA testing without determining that testing is in the child’s best interest.

6. Who is entitled to be heard before ordering a blood test to determine a child’s biological father?

The child’s legal father is entitled to the opportunity to be heard.

7. What is the role of the legal father in paternity testing cases?

The legal father has an interest in maintaining his relationship with the child and may object to testing.