Paternity Actions
Whether you’re a mother trying to obtain child support or a father pursuing visitation or custody, a paternity action in Florida is the legal path to clarify and protect those parental rights.
These cases can sometimes be emotionally charged and legally complex, especially when conflicting interests are present, making it essential to work with a Florida paternity lawyer.
At Scully | Torres, our paternity attorneys represent both mothers and fathers in paternity proceedings, ensuring their rights are fully considered and protected under Florida family law.
What Is a Paternity Action in Florida?
A paternity action is a legal proceeding filed in the court system to establish the identity of a child’s legal father.
In cases where a child is born to unmarried parents, Florida law does not automatically assume paternity. Unlike married couples, where the husband is presumed to be the father of any child born during the marriage, unmarried fathers have no legal parental rights unless paternity is formally established.
These rights include:
- Time-sharing (custody and visitation)
- Input on major decisions related to the child’s health, education, and welfare
- The ability to seek or modify a parenting plan
- Legal standing to be involved in the child’s life
For mothers, establishing paternity is often necessary to pursue child support or shared parenting responsibilities. Filing a paternity action ensures the child has access to financial support and can foster a meaningful relationship with both parents.
Who Can File a Paternity Action?
A paternity action may be brought by:
- The child’s mother
- The alleged biological father
- The child themselves (through a legal representative)
- The Florida Department of Revenue (in cases involving public assistance)
Whether you’re initiating or defending against a claim, a paternity lawyer can help you understand your position, the available evidence, and the legal outcomes that may follow.
How Is Paternity Legally Established in Florida?
There are a few legal methods to establish paternity in Florida:
Voluntary Acknowledgment
If both parents agree on the father’s identity, they may sign a “Voluntary Acknowledgment of Paternity” form. This is often done at the hospital at the time of birth or shortly after. Once filed with the Florida Bureau of Vital Statistics, this document has the same effect after 60 days.
Administrative Order Based on Genetic Testing
When paternity is disputed, the Florida Department of Revenue may order genetic testing without going to court. If the test confirms paternity, the department can issue an administrative order that has the same legal effect as a judicial determination.
Court-Ordered Paternity
If there is no agreement and no voluntary acknowledgment, the case must be resolved in family court. The court may order DNA testing to determine biological parentage. Once paternity is confirmed, the court will address additional issues such as child support, custody (time-sharing), and parental decision-making responsibilities.
A paternity lawyer plays a vital role in preparing, presenting, or challenging evidence, ensuring all filings meet legal standards, and advocating for a fair resolution aligned with your parental interests.
Book a Consultation with Scully | Torres Today
With over 25 years of combined experience in marital and family law, our paternity action lawyers in Florida bring clarity to the legal process and help clients make informed decisions about their children and their futures. Contact us today for a consultation, and let us help you take the proper legal steps through paternity actions.
