How Long Does a Father Have To Establish Paternity in Florida

In Florida, the process for establishing paternity differs depending on the marital status of the parents. This guide explains who is eligible to establish paternity and the various methods available under Florida law. Notably, alleged fathers have the option to establish paternity even after the child reaches the age of 18, with a window extending up to the age of 22.

How Long Does It Take to Establish Paternity in Florida?

The timeline for establishing paternity depends on your specific circumstances:

For Married Couples

• Automatic paternity occurs for married couples; no further steps are necessary.

For Unmarried Parents

Unmarried parents can establish paternity through two methods:

1. Voluntary Acknowledgment: Signing the Acknowledgement of Paternity (AOP) at the hospital or submitting it to a local registrar office at a later date.
2. Court Process: When the mother and putative father disagree on paternity, one parent must file a paternity action with Family Court. After the court accepts the paternity action and schedules a hearing, a judge may order a paternity test.

Florida Presumption of Paternity

In Florida, paternity is legally presumed for:

• Married men
• Men whose child is born within 300 days after a marriage ends
• Any child conceived in a marriage, even if the husband is not the biological father (the husband is presumed the legal father)

What You Need to Know Before Signing an Acknowledgment of Paternity

Before signing an Acknowledgement of Paternity (AOP) form in Florida, both parents must:

• Receive written and oral information about:
  • Available alternatives
  • Legal rights and responsibilities
  • Consequences of signing the document
• Have the opportunity to review all information privately (without the other parent present)
• If under 18 years old, be given time to consult with an adult before signing

Important note: A paternity affidavit is legally binding once signed, and no further court action is required to establish paternity.

Can Paternity Establishment Be Rescinded?

Yes, paternity establishment can be rescinded within 60 days of signing the Acknowledgment of Paternity form. Both the mother and presumed father must sign a Disestablishment of Paternity form for the rescission to take effect.

Its should be noted, after the 60 days passed paternity can be rescinded under the following circumstances below.

• Under duress
• Fraud
• Or material mistake of fact

Please keep in mind that burden of proof is on the person challenging (the presumed father).

Establishing Joint Legal Custody for Unmarried Parents

Custody Types

• Physical Custody: Determines the child’s residence
• Legal Custody: Determines decision-making authority for education, healthcare, religious training, and access to records

Default Status

• Mother automatically has physical custody unless court orders otherwise
• Mother has sole legal custody by default

Requirements for Joint Legal Custody

To establish joint legal custody, unmarried parents must:

• Complete the AOP form
• Obtain genetic testing by our partner accredited laboratory or by a lab affiliated with family court confirming biological paternity

Important Consequences

If parents fail to submit test results or genetic testing proves the man is not the biological father:

• The man who signed the acknowledgment of paternity remains the legal father
• The joint legal custody agreement becomes void
• The mother retains sole legal custody

Benefits of Establishing Paternity in Florida

The key benefits of establishing paternity in Florida for unmarried parents are:

Benefits for the Child

• Receives financial support from both parents
• Gains access to father’s health insurance
• Secures inheritance rights through father
• Obtains access to father’s family medical history

Benefits for Parental Rights

• Both parents participate in child naming decisions
• Father gains legal recognition
• Creates foundation for child custody arrangements
• Establishes visitation rights framework

Legal Implications

• Enables child support enforcement
• Creates legal basis for parental responsibilities
• Protects father’s rights to involvement
• Provides documentation for government benefits

In essence, establishing paternity creates legal recognition of the father-child relationship, which enables rights and responsibilities for both parents and provides important benefits for the child’s well-being and future.

Can Genetic Testing Establish Paternity in Florida?

Yes, Florida accepts genetic testing for paternity establishment through two methods:

1. Court process: File paternity action, obtain court-ordered DNA test
2. Mutual agreement: Parents consent to testing without court involvement

Requirements:

• Only AABB-accredited laboratories qualify for legal paternity testing like our partner lab.
• Test results must establish biological relationship
• Documentation must be recognized by Family Court in Florida

Does Signing a Birth Certificate Establish Paternity in Florida?

In Florida, signing an Acknowledgement of Paternity (AOP) establishes legal paternity for unmarried fathers. When both parents sign this form, typically at the hospital after birth, it creates a legally binding determination of paternity.

The AOP is filed with the State Office of Vital Statistics and Registry, which then authorizes the addition of the father’s name to the birth certificate. This signature carries the same legal weight as a court order establishing paternity.

A completed voluntary acknowledgment of paternity can also be submitted to a local State Registrar office.

When Is It Too Late for a DNA Test in Florida?

It is never too late to perform a DNA test in Florida. There is no timeline to establish paternity of a child. Adult children of any age can establish paternity in the state of Florida.se contact our office at 888-970-4211.

Why Choose Secure DNA Tests?

With many DNA testing companies available today, choosing the right service can be confusing. Secure DNA Tests Florida prioritizes the customer by providing a personalized experience for each individual. We dedicate time to those inquiring about the process of establishing paternity through DNA testing or any related services.

In addition to our strong partnerships with AABB-accredited laboratories and our expansive network of DNA sample collection professionals nationwide, S-DNA is a trusted resource for family law attorneys, family courts, and medical professionals.

For reliable and accurate DNA relationship testing services, call Secure DNA Tests Florida at 888-970-4211 to get started today.