Law & Legal & Attorney Government & administrative Law

Florida Paternity Law

    Establishing Paternity

    • To establish paternity in Florida, the law looks at whether the mother is married or single. When she is married, the father is the legal father when the baby is born. However, this can be changed if there is a court order naming a different person as the dad, or a signed Acknowledgment of Paternity form by the mother and a person not her husband who claims to be the father. When the mother is single during the birth of her baby, a judge must declare paternity for the father, or both parents can voluntarily sign the Acknowledgment of Paternity. If the woman is widowed at the time of birth, she can sign the Acknowledgment of Paternity with the father's name.

    Acknowledgement of Paternity

    • In Florida, most hospitals can help parents in completing and filing the Acknowledgment of Paternity forms. Parents can also contact Florida's Department of Children and Families for assistance. The father can sign for paternity if he is married to someone else at the time of the baby's birth. If the father is a minor, a legal guardian must sign on his behalf. The form has to be filed with Florida's Child Support Services where they will record the father's name on the birth certificate.

    Court Hearing

    • If a father refuses to take responsibility for child support or refuses to claim the child as his own, the mother can contact the Florida's Division of Child Services or attain a lawyer. The court will then set a paternity hearing. In the hearing, the court will order a mandatory DNA test to compare the genetics of the child to the possible father and make a determination on paternity.

    DNA Testing

    • Deoxyribonucleic Acid, or DNA, is the genetic material in cells from the mother, the child and the alleged father. The DNA sample may be obtained from a person through a blood test, a cheek swab, semen or hair. The cells will be compared, and paternity will be determined. According to the American Pregnancy Association, DNA testing is 99 percent accurate. In addition, there are no risks involved in testing an infant for a paternity match.

    Child Support

    • In Florida, once paternity is established, the father is required by law to provide child support if he does not live with the child. The amount he will be required to pay varies and will be determined by Florida courts. Their determination will be based on several factors such as how many children the father has, the father's living situation, the father's employment history and status, and the costs of any special child care or medical treatments. The mother does not need to be on any social service programs to receive child support. Florida's Child Support Services will be in charge of enforcing and collecting child support payments from the father.

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