Paternity Attorney

As with timesharing agreements and child support, establishing paternity is more about the best interest of the child than the best interest of the parents. Children usually benefit more by having both parents in their lives. In addition, the child can receive financial support from both parents. Furthermore, paternity allows the child to receive important benefits such as access to health insurance, inheritance, Social Security benefits, and veteran’s benefits. Another important benefit is access to the child’s family history and family medical history.

It has become common for couples to have children out of wedlock. Therefore, the need for paternity actions has increased. If you have questions regarding a paternity lawsuit in Florida, call The Eaton Family Law Firm at 561-420-8500 (24/7) for a free consultation.

How is Paternity Established in Florida?

Paternity can be established in one of several ways according to Florida law.

  • Marriage — If a couple is married at the time of birth, the child is presumed to be the biological child of both parties.
  • Acknowledgment of Paternity — Unmarried couples can sign a form at the hospital acknowledging each person is the biological parent of the infant.
  • Legitimation — The parents get married after the child is born and update the child’s birth record.
  • Court Order — After a paternity action is filed and genetic testing confirms the biological father, the court enters an administrative order establishing paternity.

Why Should I File a Florida Paternity Action?

Parents pursue paternity actions for a variety of reasons. As a father, you may need to file an action to establish paternity if the mother did not list you on the birth certificate. Without establishing that you are the child’s biological father, you cannot assert your right to visitation with your child. You also cannot assert your right to be involved in the major decisions impacting your child’s life such as healthcare and educational decisions.

As a mother, you may be required to file a paternity lawsuit if the father of your child contests paternity. Unless you prove that the man is the biological father of your child, you cannot assert your right to receive financial support for your child. It can be difficult to provide for your child’s needs without financial assistance from the father. A paternity action allows you to obtain support from the biological father of your child.

Who Can File a Paternity Lawsuit?

By law, there are only certain parties who can file a paternity lawsuit. The statutes limit who can bring an action to parties who have a direct interest in establishing paternity. Only the following parties are entitled to bring an action to establish a man is the biological father of a child:

  • The child’s mother;
  • The alleged biological father;
  • The child’s legal representative; or,
  • The Florida Department of Revenue.

Are You Ready to File a Paternity Action?
If you are ready to file an action to establish paternity or you have questions about paternity lawsuits, call our office for a free consultation with a West Palm Beach paternity attorney. Contact The Eaton Family Law Firm by calling 561-420-8500 (24/7) to speak with a Palm Beach County family court attorney.

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