Establishing or Disestablishing Paternity

When a child is born outside of wedlock, the rights of a father are not automatically recognized by law. In most cases, paternity must be established to determine child support, time-sharing and parental responsibility. 

Florida courts presume that a child born during a marriage belongs to the mother's husband. When a mother is married at the time of the birth of the child the name of her husband will always be entered on the birth certificate as the father of the child.  The only time this does not happen is when paternity has been determined otherwise by a court. A child is born during a marriage the legal duty to support that child rests with the parties to the marriage.

To establish paternity any mother or father may bring proceedings to determine the paternity of the child when paternity has not been established. In a paternity proceeding, the court may require the child, mother and alleged father to submit to scientific tests. This will often require the father to pay child support and will give the parental responsibility and time-sharing rights.

Sometimes it is necessary to disestablish paternity.  In this case, a petition must be served on the other or other legal guardian of the child and must include an affidavit, a sworn statement made by the father, that he is not the biological father of the child. 

To learn more about establishing or disestablishing paternity, please call us today to schedule your confidential, complimentary consultation at 954.915.0400 or email us at office@linkfamilylaw.com.