Establishing paternity can be critical for a number of reasons. Often, paternity disputes precede disputes over child custody and child support matters. Establishing paternity in Kissimmee, FL can be critical to your entire family. Regardless of whether you want to establish or contest paternity, an experienced Kissimmee paternity lawyer at Lebron Law, PLLC can help.
Our knowledgeable attorneys have the skills to handle even the most complex case. We know that emotions can run high when family matters are contested–and that’s especially true when children are involved.
We’re here to help you reach the most favorable outcome possible. You can get the legal advice you deserve by calling our law offices in Kissimmee, Florida to schedule a free and no-obligation consultation today at (321) 800-5195.
Why Should You Call Lebron Law, PLLC for Help Resolving a Paternity Matter in Kissimmee?
Paternity can be an incredibly sensitive issue for all parties involved. Mothers are often overwhelmed when a man refuses to honor their responsibilities as a child’s parent. Similarly, fathers are often upset when a mother refuses to honor their parental rights.
An experienced Kissimmee family law attorney can help. Our attorneys at Lebron Law, PLLC are skilled mediators. We know Florida’s family laws inside and out.
When you hire us, we can help by:
- Explaining all of your options for establishing paternity
- Facilitating mediation between all involved parties
- Handling the paperwork and arranging genetic testing
- Representing you at all hearings if court intervention does become necessary
- Advocating on your behalf when it comes time to resolve child support and child custody issues, if paternity is positively established
If you’re struggling with a contested paternity issue, call our Kissimmee family lawyers for assistance today. We’ll do everything possible to help.
Establishing Paternity Can Have a Significant Impact on Both Child Support Obligations and Child Custody Rights in Kissimmee
All parents in Florida have legal rights and obligations.
Establishing paternity can be critical to establishing a father’s:
- Right to custody, whether legal or physical
- Right to share parenting time with the child’s other parent
- Obligation to pay child support
Proving paternity is critical to enforcing these rights and duties. In most cases, identifying the child’s mother is fairly simple. When two parents aren’t married or the father isn’t present at the birth, however, identifying the father can be much more complex.
Overview of Florida Laws on Establishing Paternity
There are a few different options for establishing paternity under Florida law. Your circumstances will dictate how our attorneys will proceed with your case.
Regardless of the circumstances, one thing is clear. If paternity has not been established, it’s important to hire an experienced Kissimmee paternity attorney. Our team at Lebron Law, PLLC is well-prepared to handle your case. To learn more about your legal rights and options, contact us today for a free case review.
Establishing Paternity at Birth
The simplest situation is when the two parents are married when the child is born. If that’s the case, the child is automatically considered to be the child of both spouses.
When the parents are unmarried, however, the parents can voluntarily establish paternity at the hospital. The child’s parents can complete and sign a paternity acknowledgement (also called a DH-511). The child’s father will be considered the father as soon as the form is complete and their name will appear on the child’s birth certificate.
Establishing Paternity by Voluntary Acknowledgement
Both parents aren’t always present at birth. It’s also possible that disagreements could arise to prevent establishment at paternity immediately after the child is born.
It’s still possible for the parents to voluntarily acknowledge paternity. If the mother later marries the child’s father, her spouse will automatically be considered the child’s father. However, the parties will have to take further action to have the father added to the child’s birth certificate.
Even if the parties remain unmarried, they can complete an Acknowledgement of Paternity form at any point until the child turns 18. The form is mailed to the Florida Bureau of Vital Statistics. This option is only available if the mother was also unmarried when the child was born.
Establishing Paternity Via the Florida Department of Revenue Child Support Enforcement Program
When two parents don’t voluntarily acknowledge paternity via another method, The Department of Revenue can initiate a child support case and obtain a Court Order for DNA Scientific Testing. The parents and the child must submit dna samples at a laboratory. The lab generates a report determining the probability of paternity. The mother, alleged father and children must all provide samples.
If the DNA test confirms paternity, an Administrative Order of Paternity is issued, and the Department notifies the Florida Bureau of Vital Statistics to add the father to the child’s birth certificate.
This program can be valuable because:
- Court intervention is not needed
- The genetic tests are free
- The results are the same as going to court
However, this option can take substantially longer than others – up to a year or longer to establish paternity and child support. Additionally, this method does not establish parental responsibility or timesharing. It only creates a financial obligation for the father.
Establishing Paternity by Court Order Using Genetic Testing
Court intervention is typically the best and fastest option. Having a judge determine paternity typically yields the same results as using the Child Support Program. The process is much more formal. Specific and detailed court procedures must be followed.
They include:
- Service of process
- Appearance at hearings
- Submitting to genetic testing when ordered
- Paying court costs and genetic testing fees as ordered
When paternity is contested and the parties don’t willingly provide genetic samples, the court can order a DNA test. The family law judge can then establish child support and child custody obligations if the test confirms paternity.
Why is Establishing Paternity Important for the Child?
There are many reasons to establish paternity. From the child’s perspective, the rationale is both financial and personal.
Establishing paternity is important because:
- The father will be obligated to support the child financially
- The child may be eligible for benefits based on the father’s health insurance or life insurance
- The child gains a sense of their family history, including medical history
- Social Security, disability and veteran’s benefits are often available based on a child’s parent’s history
Importantly, the child will know their parents’ identities. Importantly, the child will know their parents’ identities. It helps in forming a complete identity and understanding one’s heritage and family history. It can also foster a sense of belonging and security.
Can a Father Contest Paternity in Florida?
Once paternity is established, it’s unusual for a father to contest paternity. However, there are reasons why a father may wish to disestablish paternity. Disestablishment of paternity is accomplished when the father submits genetic test results proving he is not the child’s father.
Typically, fathers will challenge paternity if they acknowledged paternity voluntarily and one of the following is true:
- DNA evidence now show the man is not the child’s father
- The man has newly learned they are unable to father children
- Some other type of evidence arises to suggest the man is not the child’s father
Eliminating financial obligations is typically the primary motive to file for disestablishment of paternity. Once it is established that the man is not the child’s biological father, the court will determine whether to terminate the man’s child support obligations.
These petitions are never taken lightly. Courts will evaluate all relevant factors even if DNA testing proves the man is not the child’s father. When requesting a termination of parental obligations, it’s critical to have an experienced attorney by your side at every turn. Contact Lebron Law, PLLC if you’re considering this option.
What Issues Are Important to Mothers in Paternity Dispute Cases?
From a mother’s perspective, paternity issues are often important to:
- Secure full custody if a man who isn’t the child’s father is attempting to enforce his parental rights, or
- Enforce their right to receive child support
In some cases, the mother simply wants the child to know their father’s identity.
Regardless of the facts, contested paternity cases can quickly become complicated. Call our family law firm in Kissimmee to get the legal advice you deserve. Whether you’re contemplating legal action or are already in the midst of a paternity battle, we’re here to help.
What Happens Once Paternity Has Been Formally Established in Florida?
Establishing paternity proves that the father has rights and obligations. The scope of those rights and obligations isn’t automatic, however. The mother can petition for child support. The father can likewise petition for parental responsibility and timesharing .
When determining child support, the courts will consider several factors.
They include:
- Each party’s income and parenting time
- Whether either party is supporting additional children, and how many
- The child’s extraordinary expenses
- The amount of timesharing each parent has”
In all cases, the judge will decide how to proceed based on what is in the best interests of the child. That’s especially true when evaluating custody requests. When the father has yet to play a role in the child’s life, that fact can be important.
The circumstances will play a huge role in the judge’s decisions. An experienced lawyer can advocate on your behalf every step of the way to secure a favorable outcome.
Call an Experienced Kissimmee Paternity Lawyer To Arrange a Consultation Today
Whether you want to establish or disprove paternity, Lebron Law, PLLC can help. We have years of experience fighting to protect families like yours. We know the law and the system. Contact us today for a free consultation with a skilled Kissimmee paternity lawyer.
Visit Our Family & Divorce Law Firm in Kissimmee, FL
Lebron Law, PLLC
15 S Orlando Ave, Kissimmee, FL 34741, United States
(321) 800-5195
