Quick info: How do I establish paternity in Florida?
There are several different ways. The most common is through an Affidavit of Paternity. Once a Voluntary Acknowledgement of Paternity has been signed, it becomes final and binding 60 days later. That is, once 60 days have passed since both parties signed the acknowledgement, typically neither party can revoke or set the acknowledgement aside. In fact, unless there was some extreme pressure or force that caused one party to sign the acknowledgement, a party will not likely be able to set aside an acknowledgement form.
In our modern culture, it is becoming increasingly common for couples to have children outside of marriage. As a result, some fathers may find that their rights to see their children or participate in parenting their children are challenged once the relationship ends. Where the mother and supposed father are in agreement concerning paternity, the two parties are typically able to resolve paternity issues outside of court. However, where there is a dispute concerning paternity, a paternity action is the vehicle through which the rights and obligations of fatherhood are established. These types of cases can be very fact specific, and a successful outcome depends on a compelling presentation of these facts.
There is a distinction between the biological father of a child and the legal father of a child. Identifying the biological father of a child is, in theory, a relatively easy process – it is the man who in fact fathered the child. The legal father of the child, however, is the man who has the rights and responsibilities of parenthood with regard to that child. A child’s legal father is established by marriage, adoption, or court ruling.
Request a Free Consultation
Author’s note from Attorney Howard Iken: To establish paternity in Florida, there are several ways including signing a Voluntary Acknowledgement of Paternity or going through a paternity action in court. The biological father and legal father can be different, and the legal father is established by marriage, adoption, or court ruling. Signing a Voluntary Acknowledgement of Paternity gives the father legal rights and responsibilities, but it becomes final and binding after 60 days. Paternity can also be established through marriage or legitimization. In cases where the father denies responsibility, genetic testing can be done with the help of the Florida Department of Revenue.
Additional Legal Info
Request a Free Consultation with Our Legal Team
