Lakeland Paternity Lawyer
What is a Paternity Case in Florida?
A paternity case in Florida is a legal action taken to establish the fatherhood of a child, which is essential for determining parental rights and responsibilities. This process is crucial for unmarried parents to legally recognize a child's biological father, enabling him to obtain custody rights, visitation, and make important decisions in the child's life. In Florida, establishing paternity can also ensure the child receives financial support, benefits, and inheritance rights. A paternity case can be initiated by either parent, the child, or the Department of Revenue, and typically involves genetic testing if paternity is contested or unclear.
How is Child Custody Addressed in a Florida Paternity Case?
In Florida, child custody during a paternity proceeding is determined based on the best interests of the child, as the state prioritizes the well-being and stability of children above all else. Florida law uses the term "parental responsibility" instead of "custody," and the courts generally encourage shared parental responsibility unless it is deemed detrimental to the child. This means that both parents are encouraged to participate equally in major decisions regarding the child's life, such as education, healthcare, and religious upbringing. However, time-sharing schedules, which outline when each parent will spend time with the child, are determined according to the specific circumstances of each case. While Florida Law creates a presumption that each parent has equal time with the children, the presumption may be refuted based on several factors. Factors considered include each parent’s ability to provide a stable environment, moral fitness, and the child's preference if they are of sufficient age and maturity. Ultimately, the court aims to ensure that the child maintains a strong, healthy relationship with both parents post-divorce.
For further information relating to child custody issues in court, click here.
How is Paternity Established in Florida?
Paternity in Florida may be established by executing a joint affidavit of paternity, which is commonly done when a child is born. This affidavit becomes irrevocable after a period of 60 days and generally results in the father being listed on the child’s birth certificate.
In a court action to determine paternity, paternity may be admitted; otherwise, scientific testing may be required. In order to conduct scientific testing, a party may file a motion with the court to order a genetic test to determine paternity. If ordered by the court, the parties and the child will generally be directed to a laboratory facility to obtain a cheek swab for DNA testing to determine the likelihood of paternity for the father. A test that indicates a 95 percent or greater possibility of paternity creates a reputable presumption of paternity for the father.
What is the Putative Father’s Registry in Florida?
Family members are not personally responsible for the debts of the decedent; however, creditors of the decedent may have a right to payment from the assets of the estate. There are several rules regarding what assets are available to pay the creditors of the decedent and in what order certain creditors are paid from those assets. There is also the responsibility to make reasonable efforts to identify any potential creditors of the estate in most circumstances, so it is a good idea to exercise caution and seek the proper legal advice prior to dealing with the assets of a decedent.
