Orlando Paternity Lawyer
Establishing paternity is often necessary to pursue your rights to custody, visitation, and child support. Choose the O’Mara Law Group when you need a compassionate Orlando paternity lawyer. Our experienced attorneys specialize in paternity cases, allowing you to protect your rights and your child’s best interests. With personalized strategies and clear communication, we navigate the complexities of family law. Contact us today for a consultation and secure a brighter future for you and your child.
Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Content last updated on: April 8, 2024
When a mother has a baby, it is obvious that she is the child’s biological and rightful mother. For fathers, it’s not always as straightforward. While married fathers are presumed to be a child’s legal parent, unmarried fathers are not. Thus, unmarried fathers must establish paternity to assert their legal parental rights, including custody and visitation. Conversely, mothers seeking child support must establish the unmarried father’s paternity to pursue their rights.
If you face a paternity issue in Orlando, Florida, finding suitable legal representation is vital to protect your rights and ensure your child’s best interests. Establishing paternity can be a complex and emotionally challenging process, but with the support of a skilled Orlando paternity lawyer, you can navigate through these legal intricacies with confidence.
At the O’Mara Law Group, we proudly offer the services of our experienced and dedicated Orlando attorneys specializing in family law matters. We understand the importance of resolving paternity disputes and are committed to meeting every client’s individual needs.
Work with a Compassionate and Experienced Orlando Paternity Lawyer
If you need a compassionate and skilled Orlando paternity attorney, the O’Mara Law Group provides the support and guidance you need during this challenging time. With extensive experience in family law, our attorneys possess the knowledge and expertise necessary to handle paternity cases in Florida.
We know that every paternity case is unique, and we will take the time to listen to your story, gather relevant information, and assess the specific circumstances of your case. At the O’Mara Law Group, we are ready to discuss your case and legal options.
Reasons to Establish Paternity in Florida
Establishing paternity protects the legal rights of both parents and the child. Here are key reasons to verify paternity in Florida:
- Child custody and visitation: Establishing paternity allows fathers to seek custody or visitation rights. Recognizing a father's rights through paternity acknowledges their importance in a child's life and supports the child's right to have a relationship with both parents. A skilled child custody lawyer can navigate these custody arrangements.
- Child support: Once paternity is determined, both parents are responsible for providing financial support. This support provides for the child's well-being and covers everything from education and health care to daily needs. Both parents must contribute to these expenses to ensure the child has everything they need to grow and thrive. A knowledgeable child support lawyer can assist in helping you understand and enforce child support obligations.
- Paternity disputes: If the alleged father suspects someone else is the baby's parent, he can take legal action to settle the related dispute by requesting a paternity test. This involves analyzing DNA to determine whether there is a biological connection between the alleged father and the child.
Rights of the Father Once Paternity Is Established
Once paternity is confirmed, fathers in Florida have legal options to protect their rights concerning their children. These rights include the following:
- Custody and visitation:Fathers can seek rights to actively participate in their child's upbringing and spend quality time with them.
- Upbringing decisions: Fathers have the right to participate in important decisions such as education, health care, and religious matters.
- Legal representation: If the father's rights are violated, he can pursue legal resolutions. Fathers may want to seek the assistance of a men's divorce attorney specializing in paternity cases.
Rights of the Mother Once Paternity Is Established
Mothers also have specific rights once paternity is established in Florida. These rights include the following:
- Child support:Mothers can seek financial support from the father to ensure the child's well-being and cover necessary expenses.
- Custody and visitation: Mothers can make arrangements to serve the child's best interests.
- Legal representation: Like fathers, mothers can seek legal help with child-related legal issues. Women's divorce attorneys specializing in paternity cases can provide guidance and advocacy to protect the mother's rights.
How to Establish Paternity in Florida
Several methods are available for establishing paternity in the Sunshine State. They are the following:
Acknowledgment of Paternity
One way to establish paternity in Florida is through the voluntary Acknowledgment of Paternity. This process involves both parents signing a legal document acknowledging the father’s paternity, then filing it with the Florida Office of Vital Statistics. Once properly executed, it becomes legal documentation of paternity.
Marriage
The husband is presumed to be the father if the child is born during a valid marriage. In these cases, paternity is automatically established, and no further action is necessary. However, if there is any doubt about the husband’s paternity, additional steps may be required to establish legal paternity. One such step is DNA testing.
DNA Testing
DNA testing is a highly accurate method to determine biological parentage and is commonly used to establish paternity. Genetic testing involves collecting samples from inside a person’s cheek using a cotton swab or drawing blood. The sample may come from the child, the alleged father, or the mother.
After the samples are gathered, they are sent to a laboratory for testing. DNA analysis compares specific genetic markers to determine if there is a match between the alleged father and the child. The laboratory technicians examine these DNA profiles to assess the likelihood of paternity.
The time it takes to receive the DNA test results for paternity in Florida can vary. Generally, the process takes a few weeks from collecting the samples until the results are delivered. However, this timeframe depends on the laboratory’s workload, the complexity of the case, and any potential need for additional testing.
Once the DNA test results are available, they are provided to the involved parties. The results indicate the probability of paternity, usually expressed as a percentage, which serves as conclusive evidence in establishing paternity.
Does a Name on a Birth Certificate Establish Paternity in Florida?
In Florida, simply having the father’s name on the child’s birth certificate does not establish legal paternity. While it may create a presumption of paternity, a listed name does not guarantee legal rights and obligations. A father questioning the child’s paternity must file a civil action in circuit court, where a judge will determine paternity.
Birth certificates are often filled out based on the information provided by the mother or other individuals at the time of birth. Sometimes, the information may be inaccurate or contested, especially if several potential fathers are involved or when the biological father’s identity is uncertain.
How Do You Get a Court-Ordered Paternity Test?
When disputing paternity, or if there is a need for legal confirmation of parentage, a court-ordered paternity test may be necessary.
The test is conducted under the supervision of the court and is typically admissible as evidence. Your legal team presents your case at the court hearing. The judge determines whether a court-ordered paternity test is necessary. If so, the court orders DNA testing at an approved facility. The test results are legally binding and can impact child custody, visitation, and child support.
What Is the Statute of Limitations on Paternity in Florida?
If the mother wishes to establish paternity, there is generally no statute of limitations. She can file a paternity action at any time. However, taking action as soon as possible is advisable to avoid any challenges related to evidence and the passage of time.
A statute of limitations does limit how long the father has to establish paternity. In Florida, the father has four years from the child’s age of majority to initiate a paternity action. Certain exceptions can extend the statute of limitations in paternity cases, such as:
- Instances of alleged paternity fraud: There are instances where a man believed to be the father of a child is misled or deceived through false information, misrepresentation, or actions by the mother or other individuals. In these cases, the man can dispute paternity and take legal action in court to uncover the truth.
- Cases involving fraud or duress: Sometimes, people claim paternity under false or coercive circumstances. These instances can happen when someone is tricked, manipulated, or pressured into thinking they are the biological father. However, in those cases, the supposed father has the legal right to challenge paternity by providing proof of fraud or undue pressure.
- Cases involving minor fathers: Certain rules and legal safeguards apply if the assumed father was underage when the child was born. These fathers still have the right to challenge paternity, request DNA testing, and obtain legal counsel to safeguard their rights.
How Long Does It Take To Establish Paternity in Florida?
The timeline to establish paternity in Florida can vary depending on several factors, including:
- The case's specific circumstances: Factors that can affect the duration of the legal process include the case's complexity, the availability of evidence, and any contested issues. In cases where there is a disagreement about the alleged father's biological relationship with the child, genetic testing may be required, which can prolong the paternity establishment process.
- The parties' cooperation:If the mother, alleged father, and child, if applicable, are willing to provide the necessary information and documentation, the process can move more quickly. However, resistance or lack of help from any party will cause delays and prolong the time needed to establish paternity.
- The legal process's speed: This can be affected by the caseload of the county's court, the number of available judges and resources, and the scheduling of hearings and proceedings. Sometimes, the court may have to prioritize urgent matters, causing delays for non-emergency cases, such as paternity determinations.
The court’s primary focus is the child’s best interests. It will thoroughly examine the evidence and carefully consider the circumstances. The commitment to fairness and accuracy can result in a longer process.
Additionally, parties involved in the case may request continuances or extensions, extending the timeline. Sometimes, there is a need for additional time to gather evidence, negotiate settlements, or accommodate scheduling conflicts. Therefore, it isn’t uncommon for cases to take several months to resolve.
Safeguard Your and Your Child's Rights in Florida
When establishing paternity in Florida, it is essential to safeguard both your and your child’s rights. An attorney at the O’Mara Law Group will provide you with the necessary guidance, explain the legal process, and advocate for your rights throughout the proceedings.
Your attorney will help you familiarize yourself with the rights and responsibilities of establishing paternity. They will also assist in collecting relevant documents, such as birth records, correspondence, and evidence supporting your claim or dispute regarding paternity. These documents can be valuable in building your case and protecting your rights.
Also, it is essential to cooperate with the legal proceedings by doing the following:
- Attending hearings: Your attorney will inform you about the scheduled hearings and ensure you are well-prepared. While they can guide you through the process, help you understand the proceedings, and advocate for your interests before the court, you must attend all hearings. Active participation allows you to present your case effectively and protect your and your child's rights.
- Providing the required information:Cooperating fully with the legal process means providing all the necessary information requested by the court or your attorney, which can include relevant details regarding your relationship with the other party, financial information, and any other information that may be pertinent to the case.
- Adhering to court-ordered obligations: The court may issue various orders or obligations you must comply with throughout the legal process. These may include child support, visitation, or custody arrangements requirements. You will want to strictly adhere to these court-ordered obligations to demonstrate your commitment to fulfilling your responsibilities as a parent.
Complying with the legal process demonstrates your commitment to establishing paternity and acting in the child’s best interests.
Consult with an Orlando Paternity Lawyer
The O’Mara Law Group offers compassionate and experienced legal representation for paternity matters in Orlando, Florida. With our expertise in family law and commitment to protecting your rights and your child’s best interests, your paternity case is in capable hands. If you need a skilled Orlando paternity lawyer, contact the O’Mara Law Group to schedule a consultation today!
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