Paternity Attorney in Orlando, Florida

Every child deserves to feel loved and supported by both their parents. Establishing paternity in Florida is crucial for determining legal fatherhood, which comes with rights and responsibilities. Our Orlando paternity attorney at The Spence Law Firm understands that these cases can be challenging—both legally and emotionally.  

If you're facing paternity issues, it's essential to have experienced legal representation. For over twenty-one years, we have been safeguarding the rights of biological, non-biological, and adoptive fathers in Florida. Our range of family law services includes comprehensive representation in paternity matters.  

We'll advocate for your paternal rights and work to establish a legal framework that serves the child's best interests. Contact our law firm in Orlando, Florida, to schedule a free consultation.  

Understanding Paternity  

The court will evaluate various aspects to establish paternity, including the relationship between the father and child, and any tests that might be required, like DNA testing.  

But what does establishing paternity mean for you and your family? And how can you ensure that your rights as a father are adequately represented during legal proceedings?  

Paternity rulings impact numerous areas, including child support, custody, and visitation rights. Our experienced attorney can help navigate these complexities to ensure that your paternal rights are upheld.  

An Overview of Paternity in Florida  

Florida Statutes Chapter 742 governs the laws surrounding paternity. These laws require a fair and thorough assessment before finalizing any paternity claims to ensure the child's well-being and best interests.  

The court will consider various aspects, such as:  

• The nature of the relationship between the father and child.  

• The willingness of the father to assume parental responsibilities.  

• The physical, mental, and emotional welfare of the child.  

• The results of any paternity tests conducted.  

• Any other factors relevant to the child's and parent's best interests. 

Benefits of Establishing Paternity  

In addition to confirming a father’s legal rights and obligations, establishing paternity has several benefits for the child, such as:  

• Access to the father’s medical history, which is vital for the child's healthcare.  

• The right to inherit from the father.  

• Eligibility for the father’s benefits including social security, health insurance, and veteran’s benefits.  

• Strengthening the father-child relationship and promoting emotional bonding. 

Procedures for Establishing Paternity  

Establishing paternity can be voluntary or involuntary. Voluntary acknowledgment occurs when both parents agree on the father’s identity and sign a legal document. Involuntary acknowledgment involves the court, often requiring DNA tests to confirm paternity.  

Voluntary Acknowledgment of Paternity 

Voluntary acknowledgment is typically the simplest and quickest process for establishing paternity. When both parents are unmarried but agree on the identity of the father, they can sign a document known as the "Voluntary Acknowledgment of Paternity." This document is usually completed at the hospital when the child is born but can also be signed later.

Once filed, the acknowledgment has the same effect as a court order establishing paternity and grants the father legal rights and responsibilities toward the child.  

However, it's important to understand that this acknowledgment is legally binding. Both parents have a 60-day period from the date of signing to rescind their acknowledgment. After this period, it becomes difficult to challenge without proof of fraud, duress, or material mistake of fact. 

Involuntary Establishment of Paternity 

In cases where the father does not agree to voluntarily acknowledge paternity or there is uncertainty about the father’s identity, paternity must be established involuntarily through the court system. This typically involves the mother, the alleged father, and the child. 

The steps in an involuntary paternity action are essential to establish legal fatherhood: 

1. Filing a Petition: 

A petition to establish paternity can be filed by the mother, the alleged father, or the state. The petition specifies the request for the court to determine the legal father of the child. 

2. Service of Process: 

The petition must be formally delivered to the alleged father, known as service of process. The alleged father then has the opportunity to respond to the petition. 

3. Temporary Orders: 

While the action is pending, the court may issue temporary orders regarding child support and custody to ensure the child's immediate needs are met. 

4. Paternity Test: 

The court may order a DNA test to be conducted, which is done by collecting a simple cheek swab from the father, mother, and child. The results of the DNA test will determine if the alleged father is the biological father. 

5. Court Hearing: 

Based on the evidence presented, including DNA test results, the court will hold a hearing. If paternity is established, the court will issue an order declaring the legal father, thereby granting the father his legal rights and responsibilities. 

Modifying Paternity Agreements  

Paternity agreements may need modifications as circumstances change. Whether due to relocation, changes in financial conditions, or the evolving needs of the child, the court allows for petitions to modify existing agreements.  

Any modification requires demonstrating a substantial change in circumstances and that the proposed change is in the child’s best interest. We can assist you in presenting a compelling case for modification.  

Frequently Asked Questions About Paternity 

Here are some common questions we receive regarding paternity in Florida: 

How long does it take to establish paternity? 

The duration to establish paternity varies depending on whether the process is voluntary or requires court intervention.

Voluntary acknowledgment, where both parents agree and sign the necessary documents, can be completed relatively quickly, often within a few weeks. However, if the paternity case involves legal disputes and requires DNA testing and court hearings, the process can take several months.

Our attorney will work efficiently to expedite the proceedings while ensuring all legal requirements are thoroughly met. 

Can paternity be established after the child turns 18? 

Yes, paternity can be established even after the child has reached adulthood.

While establishing paternity primarily impacts issues such as child support and custody during a child's minority, it can still have significant implications for adult children. These include inheritance rights, access to family medical history, and eligibility for any potential benefits, such as social security or veterans' benefits. Our legal team can guide you through the process regardless of the child's age. 

How does establishing paternity affect child custody arrangements? 

Establishing paternity is crucial for determining legal custody and visitation rights.

Once paternity is legally recognized, the father can seek a custody or visitation arrangement that serves the child's best interests. Florida courts generally consider factors like each parent's involvement in the child's life, the stability of each parent's home environment, and the child's emotional and physical needs.  

Our attorneys will advocate for a fair custody arrangement that ensures the child's well-being and maintains a strong father-child relationship. 

How else can a lawyer help me?  

A family law attorney provides invaluable assistance in a variety of ways throughout the paternity process. They can offer legal advice tailored to your specific situation, ensuring that you understand your rights and obligations. They can also represent you in court and present a compelling case to establish or dispute paternity based on the best interests of the child.  

Also, lawyers can help negotiate and draft paternity agreements, custody arrangements, and child support orders, striving for outcomes that protect your rights and the child's welfare.  

Lastly, if your circumstances change, an attorney can assist you in modifying existing paternity agreements to reflect new conditions, helping to maintain fairness and stability for all parties involved. 

Don't hesitate to get legal help for your paternity case. Contact our experienced Orlando paternity attorney at The Spence Law Firm today to schedule a free consultation and start protecting your rights and the best interests of your child.