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Miami Paternity Lawyers
Experienced Paternity Lawyers Helping Fathers Across Miami, Florida
While the law naturally establishes the rights of the mother, knowing for certain the legal identity of the father when the mother is not married can be difficult. Courts can establish paternity of a woman's husband as the presumed father, but establishing paternity outside of marriage could require additional steps.
If you wish to establish paternity in or around Miami, FL, turn to the experienced paternity law team at Miami Family Law Group, PLLC. We have over 30 years of combined experience in family law. We can help establish paternity and ensure that children can enjoy involvement and support from their fathers so they may benefit from both parents being in their lives.
Why Prove Paternity?
A putative (alleged or claimed) father may want to prove he is the biological father of a child for several reasons, including:
- He may have benefits he could provide for the child, such as health insurance or government benefits.
- He may wish to leave an inheritance for his child when he passes away.
- He may want to pursue a court order for time-sharing, physical custody, or legal custody of his child.
- He may want to be sure he is the biological father of the child before paying child support.
How to Establish Paternity in Florida
The state will presume that the husband is the biological father when a married woman gives birth to a child. However, if the father is not married to the mother, there are two options:
- If you and your partner are in a relationship, you can both sign an agreement to establish the legal paternity of the father.
- If both the biological mother and the putative father are not in a relationship, and either party wants to establish paternity, either can file an action to have the court name the putative father as the legal father of the child.
The statute of limitations to file for paternity of a child in Florida is until the child turns 22 years old.
How to Disprove Paternity in Florida With Paternity Lawyers
If a child's mother names you as the alleged father to claim child support, you may wish to disprove paternity. Contact our office at Miami Family Law Group, PLLC to schedule a strategy session and speak with a Miami paternity lawyer about your options for disproving paternity.
If you consent to a DNA test, then you can establish for sure whether or not you are the father. If you do not wish to consent to a DNA test, you may have other options to disprove paternity, including travel records, phone and text logs, and witness testimony. A Miami paternity attorney with our firm can help you dispute a mother's claims for child support.
Child Support and Paternity in Florida
One key reason to establish paternity of a child is to secure child support if the mother does not want to maintain a relationship or live in the same home. The state must recognize legal paternity before the mother can request child support.
If a man marries the mother within 300 days of the child's birth, the state will presume paternity. The state will also presume that this man contributes to the household and child-raising expenses if he lives together with the mother and his presumptive child.
If paternity is established, and the father does not marry or live with the mother, the mother could pursue child support. Contact our paternity lawyers to schedule a strategy session to discuss options for your paternity or child support case.
The Difference Between a Legal Father and a Biological Father in Florida
The biological father and legal father are not always the same person. The biological father is the individual who contributed the sperm to conceive the child. The legal father is either the presumptive father by marriage or the established father by adoption or written agreement.
Some instances when the two could be different may involve fertility treatments such as in vitro fertilization (IVF), pregnancy during a separation or divorce, or infidelity. If any of these may be factors in your case, you may wish to discuss the implications with a Miami paternity lawyer. We welcome your call.
Paternity FAQs
Answer: Genetic testing is the most reliable method for proving paternity. A sample is taken from the alleged father and the child, usually through a cheek swab. The samples are then analyzed in a lab to determine if there is a genetic match. If the probability of paternity is 99% or higher, the man is considered to be the child's biological father. These tests are recognized by courts in Florida, and they can be conducted voluntarily or mandated by a judge. Once a DNA test verifies the identity of a child's father, the court will issue an order establishing paternity. Other issues related to child custody and child support can then be addressed by the court.
Answer: Yes, paternity can be established regardless of whether the parents were married. In cases involving unmarried parents, the father must take steps to establish paternity through voluntary acknowledgment, court action, or administrative processes. Until paternity is established, the father will not be recognized as the child's legal parent. Paternity is crucial for ensuring that a father will have parental rights and the responsibility to pay child support.
Answer: In cases where the identity of a child's biological father is in doubt, a person who had previously been considered the child's parent can dispute paternity. If DNA tests determine that the person is not the child's biological parent, paternity may be disestablished. Disestablishing paternity can have significant consequences. In these situations, a person who is not the child's legal parent may be relieved of child support obligations, but he will also lose all parental rights, including the right to share custody and have visitation time with the child. The child will also lose the right to inherit or receive benefits from the person. For those who plan to dispute paternity, it is important to work with an experienced lawyer who can help navigate these matters and ensure that all potential outcomes are fully understood.
Answer: Once paternity is established, the father will have an obligation to provide financial support for the child. Child support can help ensure that the child's ongoing needs will be met, and it may cover regular expenses such as food and housing, as well as additional expenses related to education or medical care. The amount a parent will be required to pay will be determined using Florida's child support guidelines, which consider both parents' incomes and the child's needs. If paternity is disputed or disestablished, child support obligations will need to be re-evaluated.
Answer: It is highly advisable to consult with a family law attorney who is experienced in paternity cases in Florida. An attorney can provide guidance on the best course of action and the methods that may be used to prove or disprove paternity. A lawyer can provide representation for a parent or alleged parent throughout the legal process while also working to protect parental rights and advocate for the best interests of the child.
Answer: Yes, once paternity is established, a father may take steps to address his parental rights. He may be able to share legal custody and participate in child-related decisions, and he may receive visitation rights that will allow him to spend time with the child on a regular basis. While establishing paternity will not automatically grant child custody and visitation rights to a father, it will give him the legal standing to address these issues through family court proceedings. The court will consider various factors related to the child's best interests when making determinations about custody and visitation.
Contact Our Miami Paternity Lawyers
If you need to address issues related to paternity, Miami Family Law Group, PLLC can provide you with dedicated legal help. To learn how we can help you establish or disprove paternity, contact us at 305-520-7874 and schedule a consultation.
Contact Miami Family Law Group, PLLC
Our attorneys are ready to help address your legal needs. Schedule an appointment by calling 305-520-7874 or contacting us online.
The experienced attorneys and staff at Miami Family Law Group, PLLC are here to serve you Monday through Friday from 9:00 a.m. to 5:30 p.m. We understand that divorce is not a decision anyone takes lightly and want to help you move through the process as painlessly as possible. Call us at 305-520-7874 to discuss your case. If you contact us outside of business hours, we will respond to you when our office opens the following day. We're here for you because family matters.
One Biscayne Tower
2 S. Biscayne Boulevard, Suite 2200, Miami, FL 33131
305-520-7874
