Paternity
Paternity establishes the legal relationship between a father and a child, creating a foundation for parental rights and responsibilities, including time-sharing, parental responsibility, and child support.
At Sasso Guerrero & Henderlite, our family law attorneys help clients establish, contest, or disestablish paternity, and secure the parental rights and support arrangements that follow. We represent both mothers and fathers in straightforward and contested paternity matters.
What this service includes
- Voluntary acknowledgment of paternity
- Contested paternity actions and genetic testing
- Disestablishment of paternity
- Parental responsibility and time-sharing for unmarried parents
- Child support establishment in paternity cases
- Paternity actions involving multiple potential fathers
- Amendment of birth certificates following paternity determinations
- Paternity disputes involving interstate or out-of-state parents
- Mediation and negotiated paternity agreements
- Litigation and courtroom representation when disputes cannot be resolved
Our process
- Case analysis: Review the family’s situation and any existing acknowledgments or disputes to assess the case specifics.
- Legal filings: The paternity process begins with a petition to establish paternity, filed with the court, or a voluntary acknowledgment signed by both parents.
- Genetic testing: When paternity is contested, the court may order genetic testing to confirm or exclude a potential father.
- Negotiation or litigation: Many paternity matters are resolved through negotiation, though contested cases may proceed to litigation, where a judge determines parental responsibility, time-sharing, and support.
- Final documentation: Finalize and provide clients with all necessary legal documents confirming the paternity status.
Frequently asked questions
How long does a paternity case take?
Timelines vary depending on whether paternity is contested. An uncontested acknowledgment can be completed quickly, while contested cases involving genetic testing may take several months.
How is paternity established in Florida?
Paternity can be established voluntarily through an acknowledgment signed at the hospital or later, or through a court action, often involving genetic testing.
Can paternity be disestablished?
Yes. A man who has been mistakenly identified as a father may petition to disestablish paternity under certain legal conditions, including timely action and genetic test results.
Does establishing paternity automatically grant time-sharing rights?
No. Establishing paternity confirms the legal father-child relationship, but time-sharing and parental responsibility are determined separately, based on the child’s best interests.
Will I have to go to court?
Not always. Voluntary acknowledgments don’t require court involvement, but contested paternity actions typically do.