Paternity
A paternity lawsuit in Florida is a legal process used to establish the biological father of a child. This is important for several reasons, including child support, custody, visitation rights, and the child’s legal right to benefits such as inheritance and health insurance. Here’s a general overview of how a paternity lawsuit typically unfolds in Florida:
1. Initiating the Suit:
- Who Can File: The mother, the alleged father, the child through a legal representative, or the Department of Child Support Services can file a paternity lawsuit.
- Filing Location: The suit is filed in the Circuit Court of the county where the child or the alleged father lives.
- Summons and Petition: The person filing the suit (petitioner) must serve the other party (respondent) with a summons and a petition for paternity.
- Response: The respondent has a specific period (usually 20 days) to respond to the petition.
- Failure to Respond: If the respondent does not answer, the court may grant a default judgment establishing paternity.
- Court-Ordered Testing: If paternity is contested, the court typically orders DNA testing.
- Conclusive Evidence: DNA test results are generally conclusive and are used by the court to establish paternity.
- Court Hearing: If paternity is proven, the court will hold a hearing to legally establish paternity.
- Judgment of Paternity: This legal document declares the identified male as the legal father.
- Child Support: The father may be ordered to pay child support.
- Custody and Visitation: The father gains rights to custody and visitation, subject to the court’s determination of the child’s best interests.
- Legal Rights for the Child: The child gains rights to benefits, including inheritance, health insurance, and social security benefits.
- Retroactive Child Support: The court may order child support retroactively to the date of the child’s birth.
- Birth Certificate: Once paternity is established, the father’s name can be added to the child’s birth certificate.
- Voluntary Acknowledgment: If both parties agree, paternity can be established without a court order through a Voluntary Acknowledgment of Paternity form, typically signed at the hospital or at a later time. Please find the Sate of Florida’s Acknowledgment of Paternity Form for your reference.
- Putative Father Registry: Do you suspect or know that you are the father of a child or unborn child ? To preserve your rights to that child, so that child may not be placed for adoption you MUST file this document with the Dept. of Vital Statistics. The purpose of the registry is to permit a man alleging to be the unmarried biological father of a child to preserve his right to notice and consent in the event of an adoption. Please find Putative Father Registry.
7. Legal Assistance:
- Seeking legal advice is crucial in paternity cases, as the process can be complex and the outcomes significantly impact the rights and responsibilities of the involved parties.
This overview provides a basic understanding of paternity lawsuits in Florida. Specific cases may have unique factors or circumstances that affect the process and outcomes. To discuss the facts in your case Book a consultation with Nicole today.
