Voluntary and Involuntary Paternity in Florida
In Florida, paternity can be established voluntarily or involuntarily, and doing so can be part of determining child support, custody, and visitation rights. To learn more about when it’s necessary to establish paternity and what it entails, consult with a West Palm Beach family attorney.
Voluntary vs. Involuntary Paternity
If the parents of a child are not married at the time of the child’s birth, the father will need to legally establish paternity to secure his rights and responsibilities. Situations where establishing paternity could be necessary include the following.
- Parental rights and responsibilities. When a father wants to be involved in their child’s life, establishing paternity is the first legal step. Without paternity, he has no legal say in decisions regarding the child’s upbringing, schooling, or healthcare.
- Child support concerns. Should a mother want a father to pay child support, paternity must also be established. The state may also require a paternity determination if the mother applies for state aid, to ensure that the father contributes financially.
- Inheritance rights. Paternity provides children with inheritance rights if the father passes away. Establishing paternity ensures the child can access Social Security and other benefits that depend on the father’s contributions or estate.
- Medical information. Knowing a child’s full medical history is important, particularly if there are genetic health concerns. The father’s medical records may be necessary for the child’s well-being.
There are two primary methods for establishing paternity in the state of Florida. One is voluntary paternity, which can be achieved when both parents agree on the father’s identity. Typically, they sign a legal document known as a Voluntary Acknowledgment of Paternity, which is often done at the hospital shortly after the child’s birth. Once signed, this acknowledgment has the same legal weight as a court order, giving the father legal rights and responsibilities.
But when the parents do not agree on paternity, or if the father is unsure or unwilling to acknowledge paternity, the process has to proceed involuntarily. Then, a court may order a paternity test to determine biological parentage. This route can be initiated by the mother, the man believed to be the father, or even the state in cases involving child support.
Once paternity is known, the court can legally address family matters. In some cases, a man who establishes paternity may petition for rights such as time-sharing or decision-making for the child.
When to Talk to an Attorney
It can be complicated to determine paternity, especially when it’s contested. Speaking with an experienced West Palm Beach family attorney can clarify the process and ensure your rights are protected. An attorney can guide you through the legal process, give you advice on paternity testing, and represent your interests if a case goes to court.
Should you talk to a lawyer about your paternity concerns? Securing family documentation can feel daunting, but the knowledgeable lawyers at Bruce S. Rosenwater & Associates can guide you through each step of the process, whether your situation is one that involves voluntary or involuntary paternity. Schedule a confidential consultation to learn more.
