Paternity is straightforward under Florida law if a woman is married when she gives birth to a child. Courts presume the legal father of the child is the husband. If the mother is unmarried when the child is born and if the mother and alleged father agree on who the child’s father is, they can sign a “Voluntary Acknowledgment of Paternity” form. When the parents sign this document, they are acknowledging that the man signing the form is the child’s legal father and swearing under oath that the information is true. The acknowledgement becomes final 60 days after it is signed. After the 60 days pass, neither parent can revoke it. If either parent wants to revoke the acknowledgement, he or she must prove in court that there was fraud or coercion was used to get the parent to sign.

If there is no voluntary acknowledgement, either the mother or the man who believes he is the father may proceed to court to establish paternity. The case should be started in the circuit court for the county where either the mother or alleged father resides. A case can be started before the child’s birth, but the final hearing can’t be held until after the child is born. Until paternity is legally established, the man who filed the Paternity action is referred to as the “alleged father.”

Florida Law states paternity must be established through a DNA test, which can be performed voluntarily, or if necessary, through a court order. Either party can request the DNA test. The court will order a genetic test for the mother, child and the putative father. This is permitted even under circumstances where there is already a name, such as a husband’s on the birth certificate. If another man believes he is the father of the child, he has the right to request a DNA test after filing a paternity action.

Based on the evidence presented at trial, the judge may issue an order determining the “alleged father” is the child’s legal father. A judge can also establish paternity as part of court actions, such as divorce or dependency.

Whenever a paternity matter is started in court, the judge may also make orders for:

• Child support
• Health insurance for the child
• Parenting time
• Decision making authority over the child, and payment of either party’s attorney’s fees and court costs, such as the cost to start the case in court.
  
  

If the judge does not enter orders for parenting time or decision making for the child, Florida law assumes that the mother has all the parenting time and sole decision-making authority.