In Florida, a biological father is not automatically a legal father unless he is married to the mother at the time of birth. Without legal paternity, a father has no rights to custody or visitation. Likewise, the child has no legal right to financial support, inheritance, or even the father’s medical history. (INCORRECT! Florida’s new paternity law, Shared Parental Responsibility after Establishment of Paternity, gives unmarried fathers equal rights to parental responsibility and child support. This law took effect in July 2023.)
Paternity establishes a father’s legal standing and ensures the child receives support—both emotional and financial. Whether you’re a father seeking custody or a mother needing child support, establishing paternity is the first step.
How Paternity is Established in Florida
Florida law (Florida Statute § 742.10), passed in 2023, provides several ways to establish legal paternity:
- Marriage
If the parents are married at the time of birth, paternity is automatically presumed. No further legal action is needed. - Voluntary Acknowledgment
If the parents are unmarried, they can sign a Voluntary Acknowledgment of Paternity at the hospital or later through the Florida Bureau of Vital Statistics. Once witnessed, signed, notarized, and filed, this document becomes legally binding after 60 days—giving the father full parental rights. - Administrative Order (DNA Testing)
If paternity is disputed, the Florida Department of Revenue can facilitate genetic testing. If DNA confirms a match (99% probability or higher), the state can issue an Administrative Order of Paternity without the need for a court case. - Court Order (Paternity Action)
If either parent disputes paternity, a court case may be necessary. The mother, alleged father, or even the child (through a legal representative) can file a Petition to Establish Paternity in Florida’s family court.A judge may order DNA testing and, if confirmed, will issue a paternity order granting the father legal rights and responsibilities.
Fathers’ Rights After Paternity is Established
Once paternity is legally recognized, a father has equal legal rights to the child, including:
- Custody and Time-Sharing – Florida courts presume that having both parents involved is in the child’s best interest. A father can seek joint or primary custody and must be included in any parenting plan.
- Parental Responsibility – Fathers have the right to help make major decisions about the child’s education, medical care, and religion.
- Visitation Rights – If the parents cannot agree on a schedule, the court will issue a legally binding time-sharing agreement to ensure the father remains involved.
The 2023 Florida paternity reform strengthened these rights, making it easier for unmarried fathers to establish custody and time-sharing without separate legal action.
Fathers’ Responsibilities After Paternity is Established
Along with rights, fathers also take on legal responsibilities, including:
- Child Support – Florida’s child support guidelines (Fla. Stat. § 61.30) determine the amount based on both parents’ incomes, the child’s needs, and time-sharing arrangements. Once paternity is established, the father is legally required to contribute financially.
- Medical Support – Fathers may be required to provide health insurance for the child or cover a portion of medical expenses.
- Emotional and Parental Support – Beyond finances, Florida law expects both parents to actively participate in their child’s life. A father cannot be denied time-sharing without a court order, and failure to pay child support does not automatically revoke visitation rights.
Can Paternity Be Disputed or Reversed?
Sometimes, a man is incorrectly identified as the father. Florida allows paternity disestablishment under Florida Statute § 742.18, but only if:
- The father provides new DNA evidence that proves he is not the father.
- He files an affidavit stating that he is up-to-date on child support payments.
- He files a petition within a reasonable timeframe after learning the truth about not being the biological father.
If the court grants disestablishment, all legal obligations—including child support—are terminated moving forward.
However, the court considers the child’s best interest. If a father has acted as the child’s parent for years, a judge may deny disestablishment to protect the child’s emotional and living stability.
How a Family Lawyer Can Help
Navigating paternity law requires legal strategy and experience. At Bergermann Law Firm, our family lawyers can:
- File a petition to establish or contest paternity.
- Help fathers secure custody, time-sharing, and decision-making rights.
- Ensure fair child support calculations based on actual income.
- Assist with disestablishing paternity if fraud or a mistake occurred.
Every paternity case is different, but having the right legal guidance can protect both your rights and your child’s future.
Call Us About Your Paternity Case
You know you’re the father. But the law doesn’t see it that way—not yet.
Without legal paternity, you have no custody rights, no say in your child’s future, and no guarantees you’ll get the time you deserve. Maybe you’re fighting for your place in your child’s life. Maybe you’re being told to pay support for a child who might not be yours. Maybe you’re just trying to do the right thing, but the legal system feels stacked against you.
It doesn’t have to be this way. You have rights as a father. And we’re here to help you fight for them.
Whether you’re seeking custody, child support, or simply legal recognition, establishing paternity is the first step. The right strategy—the right legal approach—can change everything.
Your child deserves the truth. You deserve a voice. Call us today at (239) 334-0075 for a consultation.
