Paternity

Establishing and Protecting Parental Rights

Paternity—the legal recognition of a father-child relationship—affects everything from custody rights to child support obligations. Whether you're seeking to establish your rights as a father, defending against a paternity claim, or need to challenge mistaken paternity, Attorney Gustavo E. Frances provides experienced representation.

Florida law provides multiple paths to establish or contest paternity. Understanding your options is crucial, as paternity determinations have lifelong implications for both parents and children.

Ways to Establish Paternity in Florida

• Marriage Presumption: If the parents are married when the child is born, the husband is presumed to be the legal father.
• Voluntary Acknowledgment: Unmarried parents can sign a Voluntary Acknowledgment of Paternity at the hospital or later at the vital records office.
• Administrative Order: The Florida Department of Revenue can establish paternity through an administrative process.
• Court Order: Either parent can file a paternity action to have the court determine parentage, usually involving DNA testing.

Our Paternity Services

• Establishing Paternity: Helping fathers prove biological parentage and secure legal rights.
• Defending Paternity Claims: Representing men who believe they are not the biological father.
• Disestablishing Paternity: Challenging previously established paternity when evidence supports it.
• DNA Testing: Guiding clients through the testing process and court procedures.
• Post-Paternity Rights: Securing custody, timesharing, and decision-making rights after paternity is established.

Why Paternity Matters

Establishing paternity affects many important rights and responsibilities:

• For Fathers: Legal right to custody and timesharing, ability to make decisions about the child's upbringing, and the right to be listed on the birth certificate.
• For Children: Access to father's medical history, eligibility for benefits (Social Security, inheritance, insurance), and emotional benefit of knowing both parents.
• For Mothers: Ability to seek child support and share parenting responsibilities.

Challenging or Disestablishing Paternity

If you believe you were wrongly identified as a child's father, Florida law provides options to challenge paternity. However, strict time limits and procedural requirements apply. Key considerations include:

• Whether you signed a voluntary acknowledgment
• How much time has passed since paternity was established
• Whether you've acted as the child's father
• The availability of DNA evidence

Protect Your Rights as a Father

Whether you're seeking to establish your parental rights or defending against a paternity claim, time is often critical. Contact us today for a free consultation to discuss your paternity matter.