Paternity Actions

Tavares-based family law attorney Benjamin J. Cox has been assisting families with every aspect of divorce and child custody matters—including issues of paternity—since 1983. As an expert in the field, Mr. Cox recognizes that paternity disputes can be especially contentious. He is fully committed to providing his clients with exceptional legal representation, whether in establishing or contesting paternity.

Understanding Paternity Under Florida Law

Under Florida law, paternity may be determined either:

• Presumptively by marriage, where a child born during the marriage is legally presumed to be the biological child of the husband; or
• Through formal legal proceedings, such as an Establishment of Paternity action.

The establishment of paternity benefits both children and parents. For children, it provides access to important rights, including:

• A complete family medical history;
• Eligibility for child support and health insurance; and
• Potential access to social security or military benefits.

For parents, establishing paternity ensures:

• The right to participate in legal decisions affecting the child;
• The ability to seek or enforce child support; and
• The legal foundation for visitation and time-sharing arrangements.

Establishing Paternity Through Florida Courts

When a child is born outside of marriage, paternity may be established through one of the following legal avenues:

1. Court-ordered genetic testing, followed by an official Order of Paternity issued by the court;
2. Mutual agreement, in which both parties sign an Acknowledgment of Paternity form; or

3. Subsequent marriage, wherein the parents marry after the child’s birth and voluntarily submit an updated birth record to the court.

Contested Paternity Cases

In cases where paternity is disputed, a petition may be filed by:

• The mother of the child; or

• Any man with a reasonable belief that he may be the biological father.

Once filed, the court will schedule an evidentiary hearing, where both parties are expected to present relevant evidence. The court may also order genetic testing. If the alleged father refuses to participate, the judge may enter a default judgment, potentially declaring him the legal father and issuing a child support order at the mother’s request.

The Florida Putative Father Registry

The Florida Putative Father Registry allows a man to formally assert his potential parental rights. To register, the putative father must:

• Consent to possible DNA testing, and

• Affirm a willingness to provide financial support for the child.

In return, if the child is considered for adoption, the registered individual must be contacted before the process may proceed.

Contesting or Disestablishing Paternity

In some cases, a man may file a petition to disestablish paternity, asserting that he is not the biological father. This legal action must be served upon the child’s mother or current legal guardian, and must include:

• A sworn affidavit affirming that he is not the biological father, and
• New evidence supporting his claim—typically the results of DNA testing.

Disestablishment of paternity is a sensitive and highly procedural matter, requiring careful legal strategy and documentation.

If you require legal assistance in establishing or contesting paternity, contact the Cox Law Firm today at (352) 343-0091, or submit a request through our online contact form below to schedule a consultation.