Paternity Cases in Florida
A paternity action may be filed to legally establish a parent-child relationship between the biological father and the minor child. Ch. 742 of the Florida Statutes governs paternity proceedings in Florida. Either the mother or the biological father may initiate this action to establish parenting time for each parent and determine the father’s child support obligation. The process of developing a parenting plan in a paternity action is similar to that used in a divorce involving children. The court must also determine the best interest of the child(ren) based on a number of statutory factors, which include but are not limited to the following:
- Proven parenting ability of each party.
- The closeness or the emotional bond that the child shares with each parent.
- The duration of the status quo living primarily with one of the parents and the desirability of preserving the status quo.
- A parent’s willingness to promote ongoing contact with the other parent.
- Ability of each parent to establish routines for the child for homework, school performance, and other activities.
- Records of the child in school, community, and home.
While this is a very simplified summary, it fairly represents the type of evidence that a Florida family law judge will consider when making parenting plan arrangements in a paternity action. Every paternity case must involve the development of a parenting plan that addresses the delegation of decision-making or parental responsibility, parental time-sharing, and child support.
The father of a child born out of wedlock does not have legally recognized parental rights and responsibilities until a formal paternal relationship is established. The establishment of a paternal relationship via DNA testing or stipulation (i.e. written agreement) of the parties is the precursor to the formal establishment of parenting plan arrangements and financial support in the form of child support orders. Whether you are a father seeking to spend time with your child or to be informed of important decisions about your child, or a mother who needs child support to provide for the financial needs of your child, there must first be a determination of biological parentage. Without a Father formally establishing parental rights, the natural guardian of a child born out of wedlock in Florida is the child’s mother.
There is a wide range of reasons to establish paternity that may benefit the mother, father and/or child, which include the following:
- Child knowing the identity of his/her dad.
- Adding the father’s surname to the child’s last name.
- Ability to obtain information about family medical history.
- Child’s eligibility to be added to the father’s medical insurance.
- Child support.
- Child’s eligibility for veterans’ and social security benefits.
- Child’s right to inherit from father.
- Each parent is equally involved in raising the child.
Our office has experience in representing clients in paternity matters. If you have any questions related to establishing paternity, schedule a consultation with our office.