Paternity Law in Florida
Paternity - the legal determination of fatherhood - is a fundamental issue that affects custody rights, child support obligations, inheritance rights, and a child's access to benefits such as health insurance and Social Security. In Florida, unmarried fathers do not automatically have legal rights to their children; paternity must be established through legal channels.
At Marc M. Cohen, P.A., we assist both mothers and fathers in Boca Raton and throughout South Florida with paternity matters, including establishing paternity, contesting paternity, and securing parental rights after paternity is determined.
How Paternity Is Established in Florida
Under Florida law, paternity can be established in several ways:
- Marriage: If a child is born during a marriage, the husband is presumed to be the legal father
- Voluntary Acknowledgment: Both parents can sign a Voluntary Acknowledgment of Paternity at the hospital or later, which creates a legal presumption of paternity
- Court Order: Either parent (or the Florida Department of Revenue) can file a petition to establish paternity through the court. The court can order genetic (DNA) testing to determine biological fatherhood
Why Establishing Paternity Matters
Establishing paternity has important legal consequences for both parents and children:
- For Fathers: Legal paternity is required before a father can seek timesharing or parental responsibility. Without establishing paternity, an unmarried father has no legal standing to seek custody or make decisions about the child's upbringing
- For Mothers: Establishing paternity creates a legal obligation for the father to provide financial support for the child. It also enables the mother to seek child support through the court
- For Children: Children benefit from knowing their parentage, gaining access to the father's medical history, health insurance, Social Security benefits, veteran's benefits, and inheritance rights
Contesting Paternity
In some cases, a man who has been identified as a child's father may wish to contest paternity. Florida law provides limited timeframes for challenging paternity:
- A Voluntary Acknowledgment of Paternity can be rescinded within 60 days of signing
- After 60 days, challenging paternity generally requires proving fraud, duress, or material mistake of fact
- The court may order DNA testing if there is a good faith basis for contesting paternity
Don't Delay: Florida's time limits for contesting paternity are strict. If you have doubts about paternity, consult an attorney immediately. Once certain deadlines pass, it becomes extremely difficult - and sometimes impossible - to challenge a paternity determination.
After Paternity Is Established
Once paternity is legally established, the court can address related issues including:
- Timesharing and parental responsibility (custody)
- Child support obligations
- Parenting plans
- Decision-making authority regarding the child's education, healthcare, and welfare
Marc M. Cohen's experience in all aspects of family law ensures that paternity clients receive comprehensive representation that addresses not just the paternity question itself, but all the custody, support, and parenting issues that flow from it.
Contact a Boca Raton Paternity Attorney
Whether you need to establish or contest paternity, Marc M. Cohen, P.A. can help protect your rights and your child's interests. Call (561) 740-3301 for a free consultation. We serve clients in Boca Raton, Boynton Beach, Delray Beach, West Palm Beach, and throughout Palm Beach County.
Serving Communities Throughout South Florida
Marc M. Cohen, P.A. provides experienced legal representation in communities throughout Palm Beach County and Broward County:
- Paternity Attorney in Boca Raton
- Paternity Attorney in Boynton Beach
- Paternity Attorney in Delray Beach
- Paternity Attorney in Deerfield Beach
- Paternity Attorney in Pompano Beach
- Paternity Attorney in West Palm Beach
- Paternity Attorney in Fort Lauderdale
- Paternity Attorney in Coral Springs
- Paternity Attorney in Parkland
- Paternity Attorney in Wellington
- Paternity Attorney in Lake Worth
- Paternity Attorney in Jupiter
- Paternity Attorney in Palm Beach Gardens
See also: Palm Beach County Family Law | Broward County Family Law | South Florida Family Law