How can a father establish legal paternity if the mother is unwilling to cooperate?

If the mother of a child is unwilling to cooperate with the father to establish legal paternity, it can be difficult to do so. Fortunately, Florida has certain provisions in place that allow a father to establish paternity if the mother is unwilling to cooperate. In Florida, either parent may file a petition with the circuit court asking the court to issue an order to a mother to submit to a scientific test to determine paternity. After a petition is filed, the court can order a DNA test to determine paternity. If the test results indicate that paternity is more than 99% certain, the court will enter a finding of paternity in the child’s birth certificate. The court may also order the mother to pay the costs associated with the paternity test. Additionally, a father may also go to the Florida Department of Children and Families (DCF) to request a Voluntary Acknowledgment of Paternity (VAP), signed by both parents. If the mother refuses to sign the form, the father can complete a further form to be submitted to the DCF, which states the father believes that he is the father of the child and requests that the paternity of the child be established without the mother’s signature. If the court grants the request, the paternity of the child is established without the mother’s signature. In sum, if the mother of a child is unwilling to cooperate in establishing legal paternity, the father may take certain steps to do so. He may file a petition asking the court to issue a DNA test, or he may request to the court a Voluntary Acknowledgment of Paternity.

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