One-third of American children – that’s 24 million children – currently live without a father in their home. This is considered a social crisis in America. Research has shown that “children with involved fathers do better across every measure of child well-being than their peers in father-absent homes.”
These children do better physically (health-wise), socially, emotionally, academically, and behaviorally as well, and are far less likely to live in poverty and less likely to be abused or neglected. (source: National Fatherhood Initiative)
Even if the father is not present in the home, but is active in the child’s life, these benefits take place.
There are many things that need to happen to reverse this “father factor” crisis, which we will not delve into today. But it starts with knowing who the father is.
You may be under the impression that paternity actions or paternity disputes benefit only the mother of the child – if she determines who the child’s biological father is, then she can force him to pay child support. Ever seen an episode of the Maury Show? Paternity actions are treated as a joke. Besides, is forcing a dad to pay child support really helping the problem?
But the truth is, paternity actions are very important – and determining paternity benefits ALL parties: the mother, the father, and the child. Here are just a few reasons why:
1. It is true that if the biological father is determined through a DNA test, the mother can hold the father accountable to pay child support and otherwise care for the child. That is in everyone’s best interests. The mother will have assistance in caring for the child.
2. Parenting plans and timesharing agreements can be established. Determining paternity may give the father the push he needs to be involved in the child’s life. Not only will it benefit the child to have a father participating in his or her life, but it will benefit the father to take on the responsibility of parenting his child and having a relationship with his child.
3. Knowing a child’s biological father will provide a more complete medical history, which can be very important in the child’s life. It also helps ensure the child receives health/life insurance benefits, Social Security or veterans’ benefits, and more.
Florida Paternity FAQs
When is it appropriate or necessary to bring a paternity action in Florida?
In Florida, if the parents are married when a child is born, the husband is considered the legal father with all the rights and responsibilities of a legal parent. If an unmarried woman gives birth, legal paternity must be established.
How can paternity be established?
Here are the ways legal paternity can be established in Florida:
- Marriage. If the parents are married to each other when the child is born, the husband is presumed to be the legal father unless paternity is challenged.
- Acknowledgment of Paternity. An unmarried couple signs a legal document when the child is born. Both parents must be present to sign the form in the presence of two witnesses or a notary public. To acknowledge paternity at a later date, a different form is required.
- Administrative Order based on Genetic Testing. Paternity is ordered if a genetic (DNA) test proves fatherhood. This route does not require you to go to court, but all parties (mother, father, and child) must have a DNA test.
- Court Order. A judge orders paternity in court.
- Legitimation. The mother and natural father get married to each other after the child is born and update the birth record through the Florida Bureau of Vital Statistics.
(source: Florida Department of Revenue)
Who can bring a paternity action in Florida?
Either the mother or the father can bring a paternity action in Florida.
How do I bring a paternity action?
File a Petition to Establish paternity with the court. You may have to take a DNA test.
As long as the child is a minor, there is no timeframe in which to file a paternity action in Florida.
What if the father has been duped?
If the father is not the father at all and was duped by his ex-wife into paying child support for a child that is not his, Florida law may allow the father to use newly discovered evidence (such as a DNA test) to overturn court orders to pay child support.
If you think you have been deceived and are paying child support for a child that is not biologically yours, contact George Gelb today.