Florida Paternity Law and Procedure Handbook
Description Florida Paternity
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Florida Paternity Statement FAQ
To file for paternity in Florida, start by completing Family Law Form 12.983(a), Petition to Determine Paternity and for Related Relief with the circuit court in the county where you live. This form is used by individuals who want to establish paternity, time-sharing and child support for a child.
Florida Legal Custody Rights and Unmarried Parents.In Florida an unmarried father has no legal rights to custody or timesharing until paternity is established. Until paternity is legally established with the courts, the mother has sole, legal and physical custody of the child or children.
Paternity can be established by filing a civil action in circuit court. A judge can establish paternity by court order.Until paternity is legally established the man is referred to as the "alleged father." Based on the evidence, the judge may issue an order that says the man is the child's father.
The court filing fees for a paternity case filed by the mother are currently $255. There is no filing fee when a man who believes he is the father of a child files a paternity case or when the prosecutor brings a paternity case. There is a $20 filing fee for a Motion for Genetic Testing if filed by the mother.
Under Florida law, the mother is the natural guardian of a child born out of wedlock.Naming the father on a birth certificate does not grant them any rights in the State of Florida.
How do I establish paternity in Florida? There are several different ways. The most common is through an Affidavit of Paternity. Once a Voluntary Acknowledgement of Paternity has been signed, it becomes final and binding 60 days later.
In Florida, the law assumes that when a child is born to a married woman, the father is the husband. If she is unmarried when the child is born, paternity has to be established either by way of a court order or voluntarily. Legally speaking, having a name on a birth certificate does not establish paternity.
In Florida, the statute of limitations for establishing paternity is when the child reaches 22 years of age, which is four years after the child reaches the age of majority (in Florida, that's 18 years old).