There are various reasons to establish or disestablish paternity. When an unmarried couple has a child, and the father wishes to establish legal rights to the child, a paternity action should be filed with the court. The mother of the child may also initiate a paternity action, often to pursue child support or help with the care and raising of a child. Similarly, a paternity action can be sought to disestablish paternity rights to a child if a presumed father challenges biological fatherhood.
Gainesville Family Law Attorney Helping Families throughout North Central Florida
Whether you need to establish or disestablish paternity rights in Florida, having an experienced family law attorney on your side can help you navigate the complex legal process. Attorney Adriane M. Isenberg has successfully advocated for paternity clients for over twenty-five years. Paternity is a sensitive legal matter and she can provide the support and guidance you need. Working exclusively in the practice area of family law, she has represented clients on all sides of paternity issues and is ready to help you.
Is the Legal Father Always the Biological Father?
While the biological father shares genetic information with a child, a legal father may be unrelated but still have all the rights and responsibilities of a biological father. Legal fatherhood may occur through adoption, marriage, or court ruling. There is potentially a big legal distinction between the rights of a biological father and a legal father.
How to Establish Paternity in Florida
- Marital Presumption: If a couple is married when a child is born, Florida law presumes that the mother’s current husband is the child’s father, and his name will appear on the birth certificate.
- Voluntary Acknowledgement: If unmarried parents agree on who the father of a child is, they can sign this legally binding document. The alleged father’s name is added to the birth certificate, and he is afforded all the financial responsibilities associated with legal fatherhood.
- Court-Ordered DNA Testing: If paternity is in question, the court may order a DNA test to be performed, with or without the mother’s consent. This DNA test result may be necessary to determine if the court will grant child support, time-sharing, and a father’s decision-making rights.
Adult Paternity Actions
In Florida, an adult paternity action may be initiated within four years of turning 18. There are various reasons for adult paternity actions, such as qualifying for inheritance rights or social security benefits or having a sense of belonging by knowing who a person’s biological father is. Additionally, an adult child may want access to their family medical history.
Effects of Paternity on Child Support and Time-sharing
Once someone makes a voluntary acknowledgement of paternity, Florida’s child support guidelines are used to establish child support payments based on the parent’s monthly income, the number of children they are supporting, and other factors under Florida Statute 61.30. A time-sharing schedule may be established based on the child’s best interests and an analysis of the factors contained in Florida Statute 61.13(3)(a-t).
Florida law recognizes the importance of a child’s close relationship with both parents. Unless there is a reason that a child’s relationship with a parent would be detrimental to their well-being, the court establishes a 50-50 time-sharing split. Court orders for child support and time-sharing are enforceable under Florida law but can be modified if there is a significant change in the parent’s or child’s circumstances.
Adriane M. Isenberg, P.A.: North Central Florida Paternity Lawyer
At Adriane M. Isenberg, P.A., we understand paternity is not just a legal matter. It is deeply personal and shapes the future of both parents and the child. Whether you want to establish your rights as a father, ensure financial support for your child, or challenge accusations of fatherhood, let us provide compassionate and strategic guidance as we protect your rights and the child’s rights.
Contact Adriane M. Isenberg, P.A. at (352) 331-4922 or complete our online form to schedule a confidential appointment with a Gainesville family law attorney who cares. We represent clients in all North Central Florida, including, but not limited to, Alachua, Gilchrist, Levy, Baker, Bradford, Union, Marion, Clay, Putnam, and Columbia Counties, Florida.