Paternity and child custody are established in one of two ways in Florida: whether by a child being born during a marriage or established by law through the court. Paternity is not established by an unmarried biological father signing a child's birth certificate, but signing the birth certificate does create a legal presumption that the man who signed the birth certificate is the father of the child.
Either parent may file a petition to establish paternity, which is the legal process that identifies the legal father of the child and also determines child support, parental responsibility, time-sharing, and other related relief, such as which parent will provide medical insurance for the child, which parent will be entitled to claim the child as a dependent on Federal income tax returns, and religious training for the child. The court has the authority to order DNA testing to determine the child's biological father.
Even if an unmarried biological father does not attempt to establish paternity, he is not free from his child support obligations. If the mother files a Petition to Establish paternity, then she has the right to request child support for twenty-four (24) months prior to the date the petition was filed, as well as costs and attorneys' fees.
Our firm can help you establish your legal rights to your child when you have a verbal agreement with the other party. We will prepare a written binding contract, which will then be filed with the court. If all parties sign the required documents, no court proceedings are usually necessary.
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