Establishing paternity for Florida unmarried couples is the most important thing parents could do to support the emotional and financial well-being of their child. Unfortunately, many Floridians are unfamiliar with the process of paternity establishment.
When this occurs many children will not have the necessary support to enhance their development into adulthood which could face unnecessary challenges. In this post, we will delve into timelines and options available to unmarried potential fathers in Florida.
Please note, that the information shared in the post is intended for informational use only and should not be viewed as legal advice. We recommend that you consult with a Family law attorney in Florida to help guide you with the process of establishing paternity within the state.
How long does a father have to establish paternity in Florida?
A father has until the child reaches the age of 22 to establish the paternity of his child. The most beneficial time to establish paternity would be shortly after the birth of the child. However, life’s situations may not allow a father to be present to file a paternity petition or sign the voluntary acknowledgment of paternity (VAP) form in the early stages of the child’s life.
It is important to note that in Florida after a child reaches the age of majority, which is 18. The statute provides an additional four years (age of 22). It is always recommended that a father establish paternity early to avoid issues in the future.
Not establishing paternity of a child will not allow the child to benefit from inheritance and financial support, and in some cases, if a medical issue occurs, the child may face challenges accessing life-saving blood transfusions or bone marrow transplants due to the lack of a known biological father. The child could potentially suffer.
Contested Paternity
Establishing paternity and contesting paternity are distinct legal actions. When either a mother or a possible father files a petition to establish paternity, they must appear before a judge. If the judge orders paternity testing, both parties are legally obligated to comply. Failure to follow the court’s order can lead to being held in contempt of court, which may result in penalties such as jail time, fines, or both.
Rescinding Paternity
In Florida, rescinding paternity is an option for a man who has signed the (VAP) form but later discovers he is not the biological father of the child. However, it is important to act quickly as there is a 60-day window from the date the form is signed to rescind paternity.
To rescind paternity, both the alleged father and the mother must fill out and sign the Rescind Paternity Form. If the mother is unwilling to cooperate, the alleged father should seek legal advice on how to proceed with rescinding paternity in Florida. Otherwise, he will automatically be deemed the legal father in the state of Florida.
Establishing Paternity When the Father is Deceased in Florida:
If the alleged father of a child has passed away and paternity was not formally established during his lifetime, determining biological connection becomes more complex. In Florida, DNA testing remains the only method to prove paternity after death. However, the available testing options differ depending on the circumstances:
1. Obtaining Existing Samples:
- Who to Contact: Depending on the timeframe since a father’s passing, contact the coroner’s office, medical examiner, or funeral home to inquire to see if samples exist.
- Accepted samples: Find out if any samples like bone (femur), blood cards, or hair follicles were collected and on file.
- Priority on chain of custody: Ensure samples remain with the facility to maintain a documented (chain of custody). This is crucial for court admissibility.
2. Testing Alternative Relatives:
- Sibling testing: If the child has biological siblings (sharing the same biological father). This test could be an option.
- Grandparent testing: This testing option between paternal grandparents and grandchild is considered the second best option to help determine paternity.
- Confirmation before testing: Before proceeding with any test, consult with the Family Court or the Social Security office to confirm they will accept DNA test results with another family member to prove paternity.
- Accreditation: Contact IDTO DNA Testing Center at 888.204.0583 for consultation and appointment scheduling.
- Please note, that all legal DNA Testing services we provide are performed by our partner AABB-accredited lab. This accreditation ensures that your results will be recognized by Family Court Judges and Social Security.
Conclusion
In summary, Florida fathers have up to the age of 22 to establish paternity. But is important to keep in mind that rescinding paternity is also possible if the alleged father is not the biological father. Rescinding paternity can only be done within 60 days of an VAP form and both parents are required to sign the document for the completion of rescinding paternity.
