How To Establish Paternity In Florida?
What does it mean to establish paternity in the state of Florida?
Establishing the paternity of a child in the state of Florida is the most important step toward a child learning his or her identity. Paternity establishment gives rights to the child. Here are some of the most important paternal parental rights a child will receive.
Legal Rights
- Knowing his or her own family history.
- Medical history of both parents in the event a life or death situation occurs.
- Financial support (child support) for the child’s development and maintenance.
It should be noted that the paternity establishment is required for unmarried couples only. Married couples when a child is conceived in a marriage the state automatically deems the husband the legal father of the child. Even if the husband is not the biological father of the child. The husband will be legally responsible for any child conceived in his marriage.
When can an unmarried father establish paternity?
It is recommended that the process to establish paternity is taken shortly after the birth of your child. This can be done by signing the Acknowledgement of Paternity (AOP) form at the hospital. If the unmarried father is at the hospital when the child is born.
A hospital nurse or doctor should explain the pros and cons of signing the AOP form and provide you with a copy of the AOP form while at the hospital. The form will need to be completed by both the mother and father.
If the alleged father is not present at the hospital during the birth of the child. He can contact one of the following state institutions, the Florida Health Department, the Florida Bureau of Vital Statistics, and/or the Florida Department of Children and Families. This is assuming both mother and father do not disagree on who the father of the child is.
When does the father’s name get added to the birth certificate?
The legal father’s name is added to the birth certificate after the AOP form has been completed by both mother and father. The AOP form will be sent to the Florida Bureau of Vital Statistics.
Please note, At the hospital, you will receive a birth record but you will have to purchase your birth certificate because a copy will not be mailed out to you automatically. Contact the Florida Bureau of Vital Statistics for more details regarding purchasing your newborn’s birth certificate.
How can paternity be established if the mother and the alleged father do not agree on paternity?
If an unmarried couple has questions surrounding the paternity of a child. Either the mother or the alleged father can file a paternity petition at Family Court. This scenario assumes the circumstance is contentious between the alleged father and mother.
Once the paternity petition is accepted by a judge, a court order will be issued and both parties will have to appear in Family Court. In order to establish paternity, the judge will request genetic testing (paternity test) be performed.
Now, If both parties disagree on the paternity of the child and are willing to work together. A paternity test can be performed before a paternity petition is filed in Family Court.
How long does a father have to establish paternity in Florida?
As we currently understand it, In the state of Florida, an unmarried man has four years after the child turns 18 years old in order to establish paternity.