In Jacksonville, there are a few ways to figure out who a child’s father is. If the dad is not married to the mom when the baby is born, and he does not sign a paper called an “acknowledgment of paternity” right after the birth, he needs to ask the court to decide who the legal father is. Only then can he start asking for the court to grant custody or visitation.
In Florida, those who can file a paternity action include the mother, any man who has reason to believe that he is the father of the child in question, the child, or the Florida Department of Child Support Services. [1]
Statute of Limitations For a Paternity Action in Florida
The Statute of Limitations states that the supposed parent can file a paternity action until the child turns 22 – four years after the age of majority.
The legal definition of a father can be referenced from the following Florida Statutes:
In Jacksonville, Florida, you can start a paternity case in the circuit court of the county where either the mother or the potential father lives. A judge might direct the mother, father, and child to get genetic tests. If the tests confirm he is the biological father, the court can then make decisions about things like child support, custody, health insurance, and lawyer fees.
A government agency can also make decisions about paternity and child support but not about who gets custody. If the court does not decide on custody, the mother gets full custody. A paternity case can begin while the mother is pregnant, but it can only be finished after the baby is born. [1]
Beginning a Paternity Claim
To start a paternity claim, the man looking to confirm he is the father should quickly register his paternity claim with the Florida Department of Health Putative Father Registry. This registration is needed by law to ensure that he gets notified about any legal actions related to the child.
A married man is seen as the legal father of the child even without a biological link, while an unmarried biological father might not have the right to seek parenting time or involvement. [2]
How is Paternity Established by the Court?
When a baby is born to a married couple, the law assumes the husband is the father. However, if the parents are not married, the father needs to be legally recognized. This can be done in two ways. One way is if the father agrees he is the father. If not, the mother or someone acting for the child can ask the court to order a DNA test.
Voluntary Acknowledgement of Paternity
This way is simpler. Both parents sign a “Voluntary Acknowledgment of Paternity” form, swearing under oath. They confirm that the child is theirs. After 60 days, this form cannot be changed unless someone can prove they were forced to sign it. This means they must show there was pressure or lying involved (Section 742.10(4), Florida Statutes). [3]
What is Next After Paternity is Established?
When the parents agree on paternity or if either parent goes to circuit court, the judge can make other decisions about the child’s life. This includes deciding how much time the father can spend with the child.
Sometimes, it may not be right for the father to see the child at all. Other times, the father might get full custody or be allowed to make choices for the child. None of these decisions change the father’s obligation to pay child support to the mother.
If you want to file a paternity action, contact Sacks & Sacks today.
FAQs
Q. Who can file a paternity action in Jacksonville, Florida?
In Florida, the mother, any man with reason to believe that he is the father, the child, or the Florida Department of Child Support Services can file a paternity action.
Q. What is the Statute of Limitations for filing a paternity action in Jacksonville, Florida?
The Statute of Limitations states that a paternity action can be filed until the child turns 22, which is four years after the age of majority.
Q. What statutes define the legal status of a father in Jacksonville, Florida?
The legal definition of a father can be referenced from the following Florida Statutes:
- Florida Statutes Section 39.01
- Florida Statutes Section 63.062
- Florida Statutes Section 409.256
Q. Where can a paternity case be started in Jacksonville, Florida?
In Florida, you can start a paternity case in the circuit court of the county where either the mother or the supposed father lives.
Q. Can a government agency decide on paternity and child support?
Yes, a government agency can make decisions about paternity and child support but not about custody. If the court does not decide on custody, the mother gets full custody.
Q. Can a paternity case be started before the baby is born?
Yes, you can start a paternity case while the mother is pregnant, but it can only be finalized after the baby is born.
Q. How can paternity be established in Florida?
In Florida, paternity can be established by the father asking the court to recognize him as the legal father if he is not married to the mother at the time of the child’s birth and does not sign a document acknowledging paternity at birth.
Q. How is paternity established by the court?
Paternity can be established if the father agrees he is the father or if the relationship is confirmed through a DNA test.
Q. What is a voluntary acknowledgment of paternity?
A voluntary acknowledgment of paternity is when both parents sign a form swearing under oath that the child is theirs. This form cannot be changed after 60 days unless it is proven that there was pressure or deceit involved.
Q. What happens after paternity is established?
Once paternity is established, decisions about the father’s time with the child or custody are made separately. The Florida Department of Child Support Services can only enforce child support payments, while the court can make broader decisions regarding custody and visitation.
Sources:
[1] Paternity Laws and Forms: 50-State Survey. (2023, May 19). Justia. https://www.justia.com/family/child-custody-and-support/paternity-forms-50-state-resources/#florida
[2] State Putative Father Registries. (2021b, October 6). WordPress.com. https://skyisthelimitfoundation.com/state-father-registries/
[3] Fla. Stat. § 742.10. (n.d.). Case Text. Retrieved August 7, 2024, from https://casetext.com/statute/florida-statutes/title-xliii-domestic-relations/chapter-742-determination-of-parentage/section-74210-establishment-of-paternity-for-children-born-out-of-wedlock
