How Long Does a Father Have To Establish Paternity in Florida?

Establishing paternity is more than just being called “dad” or a mother naming someone as the child’s father. While paternity is automatically established at birth for married fathers, unmarried fathers must legally establish paternity to gain rights such as timesharing. Similarly, unmarried mothers seeking child support must first prove paternity. Understanding the importance of paternity and the timeline for establishing it is essential.

What Is Paternity?

Paternity is the legal recognition of a man as the child’s father. Without this official recognition, a father cannot make decisions about the child’s living arrangements, education, healthcare, or other key aspects of their life. If a mother disputes paternity, the alleged father has to seek a court order to establish his paternity rights. Similarly, if a man denies fatherhood, the mother can petition the court to confirm his biological relationship with the child.

Time Limit for Establishing Paternity in Florida

In Florida, there is a statute of limitations for establishing paternity. According to Florida statute 95.11(3)(a), the statute of limitation for filing a paternity action is within four years after the child reaches the age of the majority, which is 18. So, you have to establish paternity by the time the child turns 22. Otherwise, the courts will bar you from doing so.

How To Establish Paternity in Florida

There are several paths to establishing paternity for children born in Florida, depending on the marital status and circumstances:

Signing the Birth Certificate

This is the traditional way of establishing paternity. If the parents are married at the time of the child’s birth, the husband is automatically considered the legal father. He can sign the birth certificate at the hospital, establishing paternity immediately.

Acknowledgment of Paternity

Another way to establish paternity is where unmarried parents sign an acknowledgment of paternity form, notarized or signed in the presence of witnesses. Once the acknowledgment has been signed, it becomes legally binding after 60 days and cannot be revoked. The father gains all the legal rights that come with parenthood, including timesharing, developing a paternal relationship with the child, and the responsibility to provide support for the child’s needs.

Paternity Through Marriage (Legitimization)

Paternity can also be established through marriage. If the parents marry after the child is born, the father can be recognized as the child’s legal parent through a process called legitimization. The marriage legally ties the father to the child, granting him full parental rights.

Genetic Testing

Sometimes, the alleged father and mother remain unmarried, and the father refuses to take responsibility for the child. In such a case, the Florida Department of Revenue can assist with genetic testing, a DNA test, to confirm biological paternity. If the tests confirm a match between the child and the alleged father, the Department of Revenue issues an administrative order, adding the father’s name to the child’s birth certificate.

Filing a Paternity Action in Court

A paternity action in court can also be used to establish paternity rights. This can be commenced by the child’s mother or the alleged father to establish timesharing, child support, and parental responsibilities. If the court, after reviewing the evidence presented, rules in favor of the alleged father, he is granted legal paternity, and his name is added to the birth certificate.

Contact a Lakeland, FL, Paternity Lawyer

If you need to establish paternity in Florida, contact our Lakeland paternity attorney at Darla K. Snead, P.L. today to learn more about your options.

Source:

m.flsenate.gov/statutes/95.11