When a child is born to unmarried parents, the legal situation is very different from what most people expect. Many fathers in the state of Florida are not aware that they do not automatically have any legal rights to their child simply because they are the biological father. Until paternity is legally established, an unmarried father has no enforceable right to time-sharing, no right to participate in decisions about the child’s upbringing, and no legal standing in any proceeding involving the child. At the same time, a mother who needs financial support for her child has no mechanism to compel the father to pay until legal paternity is in place.
Establishing paternity is the foundation for everything that follows. It protects the rights of the child, the rights of the mother, and the rights of the father. At Jenkinson Legal, we have been providing high-caliber legal representation to men and women with paternity concerns in Orlando and throughout Central Florida. Whether you are a mother seeking to establish paternity to protect your child’s financial security, or a father seeking to protect your legal right to a meaningful relationship with your child, we are prepared to help you navigate this process with the personalized, one-on-one attention your family deserves.
We serve clients throughout Central Florida, including Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties. Call us today at (321) 837-9547 for a FREE initial consultation.
What Is a Paternity Action in Florida?
A paternity action is a legal proceeding reserved for unmarried parents who need to formally and legally establish the identity of a child’s father. It is the mechanism through which both parents can obtain enforceable rights and responsibilities with respect to their child, including time-sharing, parental responsibility, and child support.
Many fathers find themselves in a situation where they have been actively involved in their child’s life and then suddenly find themselves without any legal recourse when the mother decides to deny them time with their child. Without a legal paternity order in place, there is nothing a court can enforce on their behalf. Filing a Petition to Establish Paternity, Time-Sharing, and Child Support is the necessary first step to gaining the legal protection that every father in this situation needs.
A simple DNA test can put an end to a dispute over biological paternity. However, a DNA test alone is not sufficient to establish legal parentage. The biological finding must be translated into a court order that grants the father legal rights and imposes legal responsibilities. Paternity is the legal basis for a father’s rights and obligations, and it must be formally established to be legally enforceable.
How Paternity Is Established in Florida
In Florida, paternity can be established in two ways: voluntarily or through the court.
Voluntary Acknowledgment
If both parents agree on the identity of the father and there is no dispute, paternity can be established voluntarily through the execution of a Voluntary Acknowledgment of Paternity. This document is typically made available at the hospital at the time of the child’s birth, and it can also be executed at a later time through the Florida Department of Health’s Vital Statistics office. When properly executed and filed, a voluntary acknowledgment has the same legal effect as a court order establishing paternity.
It is important to understand that a voluntary acknowledgment is a serious and legally binding document. Before signing, both parents should be certain of the biological facts, as rescinding an acknowledgment after a period of time has passed can be very difficult and may require court involvement. If there is any uncertainty about paternity, it is strongly advisable to consult with an attorney before signing.
Court-Ordered Paternity
When the mother disputes the identity of the father, when a man disputes that he is the father of a child, or when the parties cannot reach a voluntary agreement, paternity must be established through a court proceeding. Either parent, or the State of Florida, may file a petition with the circuit court to establish paternity. The court has the authority to order DNA testing to resolve any biological dispute. If the DNA evidence confirms paternity, the court will enter an order establishing the father’s legal parentage and will then address the related issues of time-sharing, parental responsibility, and child support.
If the mother resists or disputes a paternity action brought by the father, it is essential to be represented by a family law attorney who fully understands these cases and who will aggressively advocate on your behalf throughout the process.
What Happens After Paternity Is Established
Once paternity is legally established, the case proceeds much like a divorce involving children. The court will address the same core issues that arise in any proceeding involving minor children, and the same legal standards apply.
Parental Responsibility and Time-Sharing
When making a determination on time-sharing, the judge considers the same factors that apply in divorce proceedings under Florida Statute § 61.13. The court will establish a parenting plan that addresses parental responsibility (the right to make major decisions on behalf of the child) and a detailed time-sharing schedule. Florida law presumes that equal time-sharing is in the best interests of the child, and courts strongly favor shared parental responsibility in most cases.
Fathers who have been active and involved in their child’s life are in a strong position to seek meaningful time-sharing. The key is to have experienced legal representation to present your case effectively and ensure that the parenting plan that is established truly reflects your relationship with your child and serves the best interests of your family.
Child Support
Establishing paternity also triggers the legal obligation for both parents to financially support their child. Once paternity is established, child support will be calculated under Florida Statute § 61.30 based on both parents’ net incomes, the time-sharing schedule, health insurance costs, and childcare expenses. This obligation runs in both directions. A mother who has been bearing the full financial burden of raising a child can use the paternity proceeding to obtain court-ordered child support from the father. Equally, a father who has been providing voluntary financial support without a formal order can use the proceeding to ensure that support is properly calculated and documented.
It is important to understand that child support obligations can be made retroactive under Florida law. In certain circumstances, a court may order child support to be paid back to the date of the child’s birth or the date of the filing of the petition, depending on the facts of the case. Having knowledgeable legal counsel from the outset of a paternity proceeding helps ensure that the support determination is accurate and that your rights on this issue are fully protected.
Dedicated to Fathers’ Rights
Many men seek help establishing legal parental rights because they want the legal protection of a meaningful, ongoing relationship with their children. Often, they have been active, devoted fathers who suddenly find themselves without any legal recourse when the child’s mother decides to deny them time with their child. If you are in this situation, you are not without options. You simply need to act.
At Jenkinson Legal, we are experienced in providing aggressive advocacy on behalf of fathers in paternity and time-sharing matters throughout Central Florida. We understand that fathers face unique challenges in the family law system, and we are committed to leveling the playing field in negotiations and in court. As a father, you have the right to a meaningful relationship with your child, the right to be treated fairly in legal proceedings, and the right to have support calculated according to the specific guidelines set forth in Florida law, without regard to your gender.
We advocate fiercely for fathers who have been denied time with their children, and we work to establish parenting arrangements that protect that precious relationship for the long term. We want you to be fully informed about your options and well-equipped to make important decisions about your future and your child’s future. Know your rights. Protect your future.
Protecting Mothers
Jenkinson Legal also provides compassionate and skilled legal support to mothers who need to bring a paternity action. Most often, mothers pursue these proceedings because they need to ensure that the father of their child will be legally obligated to contribute to the child’s financial support. In other cases, a mother may need to establish paternity to enable the child to access the father’s health insurance benefits, to receive Social Security or inheritance rights through the father, or simply to ensure that the child has the legal recognition of both parents that every child deserves.
We understand the sensitivity and difficulty of these situations, and we approach every case with the care and personal attention that our clients’ families deserve.
Men Falsely Accused of Paternity
Not every paternity situation involves a man seeking to establish his rights. Attorney AnnMarie Jenkinson also represents men who have been falsely accused of fathering a child, as well as men in divorce proceedings involving questions about the paternity of a child born during the marriage, including situations involving adultery where the biological paternity of an unborn or newborn child is in question.
If you have reason to believe that a paternity claim against you is inaccurate, you have the right to challenge it. DNA testing is a reliable and legally accepted tool for resolving these disputes, and we can help you understand your legal options and protect your rights throughout the process. Being established as a legal parent carries significant long-term financial and legal obligations, and you deserve experienced legal counsel to ensure that any determination of paternity is supported by accurate evidence.
Contact Jenkinson Legal Today
Paternity matters are among the most personal and consequential family law issues a person can face. The outcome of a paternity proceeding will shape your relationship with your child, your financial obligations, and your legal rights for years to come. You need an attorney who will fight aggressively to protect those rights and who will treat your family’s situation with the personalized care and attention it deserves.
At Jenkinson Legal, we have one simple objective: provide personalized, one-on-one attention to our clients’ legal worries so they can concentrate on life and family. Divorce law and family law are among the most delicate legal issues you can face, and the decisions made in these proceedings will have a lasting impact on your life and the lives of your children. We invite you to schedule an appointment to discuss your needs, options, and legal rights as quickly as possible.
Call Jenkinson Legal today at (321) 837-9547 for a FREE initial consultation. You may also reach us by email through this website. We proudly serve clients throughout Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties.
Legal disclaimer: This page is intended for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a licensed Florida family law attorney for advice specific to your situation.
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