How Do Florida Courts Determine Paternity?

There are many different reasons that a person may want — or need — to establish paternity in Florida. A paternity determination can be essential for obtaining child support, for custody and time-sharing purposes, and for a child who wants to have certainty and information about their paternity and heritage for various reasons. How does paternity get determined in Florida? In some cases, it is not necessary to go through the court to have paternity determined legally, but depending on the timing and the circumstances, you may need to file a petition to determine paternity and go through a legal proceeding. Our Florida family lawyers can explain in more detail, and we are here to begin working with you today on your paternity case.

How to Determine Paternity in Florida

Paternity can be established at the time of birth or shortly thereafter when the parents sign a voluntary acknowledgement of paternity. Even if paternity is not established at the time of birth, it can still be legally established later through voluntary acknowledgement without having to file a petition and go through a court hearing for a court order.

In many cases, however, it is necessary to file a petition to determine paternity, at which point the case will go through a court proceeding before a judge and can result in an order of paternity. Under Section 742.011 of the Florida Statutes, the following parties can file a petition to determine paternity in Florida:

• Any woman who is pregnant or has a child;
• Any man who has reason to believe that he is the father of the child; or
• Any child.

When a Court Determines Paternity

When a court is asked to determine paternity, how does it make this determination? Under Section 742.12 of the Florida Statutes, the court will use “scientific tests that are generally acceptable within the scientific community to show a probability of paternity,” and will require such testing to “be conducted by a qualified technical laboratory.” The test results are filed with the court and used as evidence by the court in making a determination of paternity.

In short, the court will require DNA testing to determine whether a party is the biological father of the child. The Florida Statutes clarify that DNA test results “should be weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds 95 percent.” The court’s paternity determination will then determine whether child support can be ordered, and how child custody (including parental responsibilities and time-sharing) will be determined.

Contact a Family Law Attorney in Port St. Lucie for Assistance Today with Your Florida Paternity Case 

Are you hoping to establish paternity? If you are among the parties who can bring proceedings to establish paternity, it is important to seek legal advice about moving forward with your case and having paternity determined according to Florida law. An experienced Port St. Lucie family law and paternity lawyer at Baginski Brandt & Brandt can speak with you today about your particular circumstances, and we can assist you in moving forward with a petition to determine paternity under Florida law. Contact our firm to learn more about the paternity services we provide and how we can help you.

Source:

flsenate.gov/Laws/Statutes/2023/Chapter742/All