In the State of Florida, paternity tests are used to find out whether a man is the biological father of an alleged child. Under Florida paternity test law, when a man is found to be the biological father, they are deemed to have paternity.
A court will order a father who has paternity, or a biological father, to pay child support to the child’s biological mother. A biological father also has the right to file a petition with the court for custody and visitation rights and even to adopt the child.
It is important to note that there may be a paternity suit statute of limitations that prevents individuals from making certain claims after a specific time period has passed. For more information on these issues in Florida, it is important to have an attorney consultation.
How Can a Court Order Establish Paternity?
As noted above, a court can order a paternity test to establish an individual’s paternity. When the biological father did not sign a birth certificate, they will need to establish paternity if they are not presumed to be the father based on marrying the child’s mother.
Establishing paternity can be important for numerous reasons, such as taxes, health care, child support, and more issues. This is often accomplished by using DNA testing in disputed paternity.
In Florida, a child’s biological father can sign an affidavit of paternity. With this document, the father swears under oath that they are the biological father of the child.
The biological mother of a child can also start paternity proceedings to establish paternity. Once the testing process has been completed, the court will issue an order legally establishing the paternity of the father if the test results show that to be the case.
The court order that is issued can be the basis to establish the legal rights of both of the parents. This can include numerous issues, such as custody, visitation, and financial and other types of support.
Can Potential Fathers Refuse Paternity Tests in Florida?
Under the law, an individual cannot be forced to take a paternity test. This means that alleged fathers may refuse to submit to paternity testing.
It is important to be aware, however, that they can face penalties when they do so. When a mother files a lawsuit to establish paternity, the court will issue an order requiring the alleged father to be tested. If the alleged father refuses to take the test, it can be considered contempt of court.
When someone faces contempt of court, they can face fines and jail time. Additionally, when an alleged father refuses to take a test or otherwise does not respond to the lawsuit, a default judgment may be issued.
Default judgments automatically provide plaintiffs, or mothers, the remedy that they asked for in their complaint. Examples of remedies that can be requested include child support.
Because of this, when an alleged father does not submit to ordered paternity testing, they may be ordered to make child support payments. To find out more about the consequences of refusing to take a paternity test, an individual can consult with a Florida lawyer.
Can a Potential Father Request a Paternity Test in Florida?
Yes, a potential biological father can request that a Florida court allow him to undergo paternity testing. The request is usually made in a lawsuit that is filed by a possible father to establish their paternity, also called a filiation proceeding.
It is important for potential fathers to be aware that if the child is already in a parent-child relationship with a “current” father, such as the mother’s partner or husband, for a certain number of years, they may not be able to file a paternity lawsuit.
A presumed father is a father figure with whom a child currently lives. For legal purposes, a presumed father is the man who is the father of the child.
The presumption of paternity, or presumption of fatherhood, is established when the father’s name is on the birth certificate or the father is married to the mother of the child. Under the law, a presumptive father is treated as a legal father.
This means that the man will have custodial and legal rights and responsibilities. This applies unless another man can establish paternity using a paternity test.
To find out more information about establishing paternity and what rights it provides, an individual should have a paternity lawyer consultation.
How Do I Get a Court-Ordered Paternity Test in Florida?
To get a court-ordered paternity test in Florida, the individual who wants to establish paternity has to file a paternity petition in family court. When someone who wants to obtain a paternity test cannot afford an attorney, a court clerk may be able to help them file the proper documents.
It is important to be aware that clerks cannot provide legal advice. At a paternity hearing, the court will hear evidence on an alleged father’s paternity and review the results of any tests.
What Happens if the Father Doesn’t Show up for a Paternity Test?
When an alleged father who is seeking to establish their paternity but they do not submit to the test, they will be in contempt of court. As noted above, if an alleged father does not appear for the test, the court can grant a default judgment against him or dismiss the case, depending on the facts.
Can a Mother Refuse a Paternity Test?
Mothers of children can request that alleged fathers submit to paternity testing. If the results of the test show that a man is the biological father of their child, they can seek child support.
For this to occur, the child’s mother has to cooperate during the testing process. If she does not do so, her claim can be dismissed.
What if Paternity Is Established in Another State?
If an individual’s paternity is established in another state, the parent who wants to have an order from another state recognized in Florida, they will need to file the order in Florida. An out-of-state order can be filed in a different state because every state has to provide full faith and credit to judgments and orders from other states, which includes paternity tests in different states.
Can the Results of a Paternity Test Be Contested?
Yes, contesting paternity results can be done if there is evidence of fraud. For example, if the alleged father had another person take the test in their place, or if the lab results were tampered with.
In addition, an alleged father can contest test results if they can show they are sterile or infertile and, therefore, not capable of being the child’s father.
Do I Need a Florida Attorney for Assistance With Paternity Test Issues?
If you have any questions, concerns, or issues about establishing paternity in Florida, whether you are a child’s mother or father, it is important to reach out to a Florida paternity lawyer. Your paternity attorney will explain your responsibilities and your rights.
Your lawyer will file paternity hearing documents on your behalf and will represent you in Florida court appearances. You can use LegalMatch to find a paternity lawyer in your area of Florida for free in as little as 15 minutes online.
