What happens if paternity is not established in court?

In Florida, if paternity is not established in court, the presumed father and/or the child will not have any legal rights or obligations. The law requires that paternity must be established by a court for it to be legally recognized. Without a court order, the presumed father has no obligation to financially support the child, and the child has no legal right to inheritance or financial support from the presumed father. If paternity is not established, someone claiming to be the biological father may have to wait until the child turns 18 to bring a paternity action to be recognized as the legal father. Furthermore, without a court order officially declaring paternity, the presumed father will not be listed on the child’s birth certificate. In some cases, the mother and presumed father can voluntarily agree to establish paternity for their child through a paternity affidavit, but this is not legally binding. The father will still need to file a petition to establish paternity with the court to be legally recognized as the father. In cases where paternity is not established, the mother may be able to pursue child support from the alleged father through the Administrative Order Establishing Paternity Program. This program will require a father to submit to genetic testing and pay a fee for the test. If the results show a 99% chance of paternity, the court will enter a judgment of paternity.

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What happens if paternity is not established in court?

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