How Can I Establish Paternity in Florida if One Party Does Not Consent?
There are a number of ways to establish paternity in Florida. When a married heterosexual couple has a child together in Florida, it is presumed that the man is the legal father. In these cases, there is no need to establish paternity. It can become more complex when an unmarried couple has a child together. The relationship between the father and the child must be proven through a DNA test. The court orders DNA tests and so, the case can proceed to establish paternity without the consent of either party. Below, our Tampa paternity lawyer explains further.
How to Voluntarily Establish Paternity in Florida?
When a woman gives birth to a child, she is automatically recognized as the mother. The same is not true for fathers. When a couple is not married and they have a child together, they can voluntarily fill out the Acknowledgement of Paternity form while they are still in the hospital after the birth. Along with the mother’s, the father’s name will appear on the birth certificate and he will have all of the same parental rights and responsibilities as the mother.
If a couple is not married, they are no longer in the hospital, and the child is under 18 years old, the two parents can fill out the Acknowledgement of Paternity at any time in the presence of two witnesses or a notary.
How Do the Courts in Tampa Establish Paternity?
The courts in Tampa have several methods for establishing paternity. A judge may simply review evidence, along with testimony from the mother and alleged father, and make a decision regarding paternity. In these instances, a judge will issue an order establishing paternity. The courts may also order genetic testing in order to establish paternity and prove that someone is the legal father of a child.
What Happens if Either Party Does Not Consent?
There are times when either party may not consent to paternity testing. For example, the mother may not want the father to interfere in the life of her or her child. In these instances, either party may refuse to provide the court with the necessary genetic samples. If either party refuses to participate in court-ordered genetic testing, they can be held in contempt of court. The penalties for this are high fines and up to one year in jail or until they agree to comply with the testing. These are harsh consequences and so, most people initially comply with the court order.
Our Paternity Lawyer in Tampa Will Help with Your Case
Establishing paternity can be one of the most straightforward processes in family law. However, when either party objects, it becomes much more complicated. At All Family Law Group, P.A., our Tampa paternity lawyer can help you through the process and ensure your rights are protected so you obtain the most favorable outcome and the process is as easy as possible for you. Call us now at 813-672-1900 or contact us online to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/0742.html
