Florida paternity laws provide that out-of-state father paternity can be established in different ways. In some cases, the individual who is the biological father of the child may not be completely clear or the issue of paternity may be contested.
Paternity is defined as the legal relationship between a male and their biological or adopted child. This relationship establishes the rights and obligations the man has related to their child.
Many times, the paternity of a child will already be known or will be presumed under the law. In Florida, if two individuals are married at the time a child is born, it will be assumed that the husband is the child’s father.
It is important to be aware that this presumption does not apply if the child’s parents are not married at the time of birth. When this is the case, proof of paternity must be established in another manner.
Options for establishing paternity can include an affidavit of paternity, a genetic DNA test, or the father signing the child’s birth certificate. DNA tests can determine whether or not a male is the biological father of a child. The results of this test can be submitted to a court to legally establish paternity.
Once a father’s paternity has been established, the child’s father can ask for visitation and custody rights. They will also be legally required to support their child financially. This is often done through child support or providing medical or other insurances.
The mother of a child can request a paternity test even if the child’s alleged father resides in another state. However, this process may require legal assistance. If someone is looking to establish paternity out-of-state, it is important to have a legal consultation in Florida.
How Can Administrative Agencies Help Establish Paternity in Florida?
There are administrative agencies that can help an individual establish paternity in the State of Florida. These can be both Florida and federal agencies. These are typically established by a state government to enforce parental rights, including child support orders.
In Florida, the Department of Revenue (DOR) can help parents establish paternity. This agency may also be able to handle child support enforcement issues when a biological parent is not supporting their child.
One of the many issues that a parent might face with out-of-state DNA testing is that the Florida agency in charge of establishing and enforcing child support orders may have a hard time serving the out-of-state parent. This parent will often have to be physically served with the paperwork.
Because of this requirement for personal service, private process servers and lawyers are often used to ensure proper service is obtained on an out-of-state parent or alleged parent.
How Can a Court Order Establish Paternity in Florida?
Court orders can be used to establish paternity in the State of Florida when a father did not sign the birth certificate or is not presumed to be the child’s father because of marriage. It is essential to establish paternity in court for numerous reasons, such as taxes and health insurance.
The biological mother of a child may be able to file a claim for paternity in a court in order to establish paternity. Typically, these proceedings will require the alleged father to submit to a DNA test to prove whether or not they are the child’s biological father.
Once the DNA testing is performed, the court may use those findings to establish the paternity of the child’s father. The court will then provide an order that establishes the legal rights of both parents of the child, such as visitation, custody, and support.
What if Paternity Is Established in Another State?
If paternity has been established in another state, Florida lawyers can help a parent have their paternity order recognized in Florida. This can be done because every state is required under the law to give full faith and credit to judgments and orders from other states.
What if My Child’s Father is on a Military Base Overseas?
If an alleged father is currently on an overseas military base on active duty, paternity proceedings can still occur. If an alleged father does not contest paternity, visitation and child support may be established using a temporary court order.
It is important to note that final court orders will not be established until the father of the child is off of active duty, unless they agree to the proposed order. When a father acknowledges paternity, a wage withholding order will be used to have wages automatically withheld from the father’s paycheck.
If an alleged father is on active duty and is not willing to acknowledge paternity, under the Servicemembers Civil Relief Act, proceedings may be paused, or stayed, until the possible father is off of active duty. In these cases, the child’s mother may be required to wait for child support but will be able to receive back child support for her waiting period.
What if My Child’s Father Purposely Leaves the State to Avoid a Paternity Judgment?
When a Florida father purposely leaves the state in order to avoid a paternity judgment, a court might be able to skip the formal service requirement to go ahead with paternity proceedings. For example, when a child’s mother can demonstrate that the alleged father is purposely avoiding service, informal service may be allowed.
When a possible father does not appear in court after they have been served, a court can enter a default judgment against them, establishing them as the child’s biological father. In this situation, an individual may be able to contest the judgment by submitting DNA results that show they are not the child’s father.
How Does Out-Of-State Paternity Affect Child Support Payments in Florida?
As noted above, all states have to give full faith and credit to orders and judgments from other states. In these cases, parents can reach out to the Florida agency that is in charge of child support enforcement and ask for a wage withholding order to get their child support payments.
Do I Need a Florida Family Law Attorney to Establish Paternity for a Father Who is Out-of-State?
If you have any questions, concerns, or issues related to establishing paternity for an out-of-state father, a Florida paternity lawyer can help. This issue can be complex and stressful when attempting to establish paternity and child support if you live in a different state than your child’s father.
Your Florida family attorney can help you gain an understanding of the process you will have to complete to establish paternity based on the facts of your case. Your lawyer will be able to obtain service, request a temporary court order, and represent you in court.
Take advantage of LegalMatch’s free lawyer matching services today to find a Florida family lawyer near you who can help with your out-of-state paternity issue.
