Paternity
Being on the birth certificate is not the same as being a legal father in Florida. For unmarried parents, paternity has to be established by court order before either parent has enforceable rights.
This surprises almost everyone. When a married woman gives birth, Florida presumes her husband is the legal father. When the parents are not married, no such presumption exists — and signing the birth certificate or giving the child the father's surname does not create legal rights to time-sharing or decision-making.
Until paternity is established by a court, an unmarried father in Florida generally has no enforceable right to see his child, and an unmarried mother has no enforceable right to child support. A paternity action fixes both.
Who can file
A paternity action may be brought by the mother, the man who believes he is the father, the child through a legal representative, or the Florida Department of Revenue where public assistance is involved.
What a paternity judgment decides
A final judgment of paternity does much more than name a father. It establishes the parent-child relationship for inheritance and benefits, sets a parenting plan and time-sharing schedule, and calculates child support — including, in many cases, retroactive support for up to 24 months before the petition was filed.
A paternity case establishes
- Legal fatherhood, and the child's right to inherit and claim benefits
- A parenting plan and time-sharing schedule
- Parental responsibility for decisions about the child
- Child support going forward, on Florida's statutory guidelines
- Retroactive child support, generally up to 24 months
- Responsibility for health insurance and uncovered medical costs
- The child's surname, where it is in dispute
Common questions
Do we need a DNA test?
Only if paternity is disputed. Where both parents agree, the court can enter a judgment without genetic testing. Where it is contested, the court will order a test — and the results are close to conclusive.
I signed the birth certificate. Am I the legal father?
Not on its own. Signing the certificate, or a voluntary acknowledgment of paternity, creates a legal presumption — but time-sharing and decision-making rights still come from a court order. If you want an enforceable schedule, you need the judgment.
Can paternity be disestablished?
Florida has a specific disestablishment statute with strict requirements, including newly discovered evidence and a petition filed promptly after it comes to light. It is narrow and time-sensitive. Speak to us early.
How far back can child support be ordered?
Generally up to 24 months before the petition was filed, based on what the parents earned during that period. It can be a significant number, and it is worth understanding before a case is filed rather than after.
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