Establishing paternity is more than just a legal formality—it’s a critical step in securing your child’s future and ensuring both parents’ rights are protected. Whether you’re a mother seeking child support or a father striving for time-sharing rights, a skilled paternity attorney can help you navigate Florida’s legal system.
At McNary Law, we’re proud to represent clients across Bradenton and Sarasota in a compassionate, results-driven way that reflects the importance of family.
Understanding Paternity in Florida
In Florida, paternity refers to the legal identification of a child’s father. When a child is born to unmarried parents, the law does not automatically recognize the biological father as the legal father. That’s where a formal paternity action comes into play.
Establishing paternity can benefit both the child and the parents by:
Providing access to child support
Securing inheritance rights and health insurance
Granting legal parenting rights, including time-sharing and decision-making
Who Can File a Paternity Action?
Under Florida Statute §742.011, a paternity action may be initiated by:
A mother
A man who believes he is the child’s father
The child themselves (through a legal representative)
The action is typically filed in the circuit court where either the mother or alleged father resides.
How Is Paternity Established?
Paternity can be legally established in several ways:
1. Voluntary Acknowledgment
Both parents can sign a Voluntary Acknowledgment of Paternity, typically at the hospital at the time of birth. Once filed with the Florida Department of Health, this creates a rebuttable presumption of legal fatherhood.
2. Court-Ordered DNA Testing
When paternity is disputed, the court may order genetic testing to determine biological parentage under Florida Statute §742.12. The results are typically over 99% accurate.
3. Administrative Order Through the Florida Department of Revenue
For parents not seeking time-sharing but wishing to establish financial support, the Department of Revenue can establish paternity outside of court.
What Happens After Paternity Is Established?
Once paternity is determined, the court can issue orders regarding:
Child Support: Obligations are calculated under Florida’s child support guidelines (§61.30).
Parenting Plans and Time-Sharing: Courts can create comprehensive parenting plans outlining each parent’s rights and responsibilities.
Medical Expenses and Attorney’s Fees: The court may order the father to pay for hospital expenses, birth costs, and reasonable legal fees.
Why Paternity Matters for Fathers
For unmarried fathers in Bradenton and Sarasota, legal paternity is essential to gain rights like:
Time-sharing (custody and visitation)
Decision-making authority regarding the child’s education, healthcare, and religion
Without establishing paternity, a biological father has no enforceable legal rights, even if he is active in the child’s life.
Why Paternity Matters for Mothers
For mothers, proving paternity is often the first step in securing child support. Legal paternity ensures your child has access to financial support, medical benefits, and emotional stability from both parents.
Disestablishing Paternity
Sometimes, a man who was previously determined to be the father may later learn he is not the biological father. Under Florida Statute §742.18, a process exists to disestablish paternity and terminate child support obligations—provided certain conditions are met and done in a timely manner.
What If the Parents Marry After the Child Is Born?
If the child’s parents marry after birth, Florida Statute §742.091 states the child is considered legitimate, with both parents holding equal legal rights and responsibilities. The case may then be dismissed once costs are paid, and court records are sealed.
What If the Other Parent Is Uncooperative?
If one party refuses to acknowledge paternity, the court can compel participation in DNA testing. Willful failure to comply may be considered contempt of court, which carries penalties including fines and possible jail time.
How McNary Law Can Help
At McNary Law, we guide clients through every step of the paternity process with discretion, clarity, and compassion. Whether you need to:
File a paternity action
Establish time-sharing rights
Defend against a paternity claim
Modify an existing parenting plan
Challenge or disestablish paternity
Our team has the experience and local insight to serve families throughout Bradenton and Sarasota.
Related Family Law Services
Paternity actions often intersect with other family law areas. We encourage you to explore:
Schedule a Consultation with a Paternity Attorney in Bradenton or Sarasota
Establishing or challenging paternity can shape your family’s future. Let our attorneys help you navigate the process with confidence and care.
Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.
