What is the process for establishing paternity?

In Florida, the process for establishing paternity can vary depending on whether the parents are not married or are married. If the parents are not married, the Florida Department of Revenue’s Office of Vital Statistics will prepare an administrative determination of paternity based on the mother and father’s voluntarily-signed Affidavit of Paternity. This affidavit can be signed in a hospital shortly after the birth of the child. In other cases, a Petition to Determine Paternity can be brought by either parent. In this situation, a court order will establish paternity. If the parents are married, it is presumed that the husband is the legal father of the child. The father’s name will be listed on the child’s birth certificate. In certain circumstances, an unmarried father’s name may also be listed on the birth certificate. In order for an unmarried father to have his name placed on the birth certificate, he must complete an Acknowledgement of Paternity with the Office of Vital Statistics. The establishment of paternity is an important step in the creation of a legal relationship between a father and his child. Once paternity is established, the father will be obligated to financially support the child and can seek visitation or custody rights. Additionally, a court can order a DNA test to determine if a biological relationship exists between the child and the alleged father.

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