A paternity case is the legal procedure for establishing the natural and biological father of a child. A paternity action can be filed by either a mother or a father. Once paternity is established by the Court, the birth certificate will be amended as necessary, child support will be awarded, and the Court may or may not address a timesharing schedule depending on the circumstances.
The first step in any paternity action is to legally establish paternity. This is typically done through genetic testing to confirm that the father is the natural and biological father of the child. Until paternity is established, the father has no legal rights to the child under Florida law. A party in a paternity case must show that paternity is disputed and that there is good cause for genetic testing in order to require the court to issue an order to have a paternity test done. In other words, the mother cannot request random testing of an individual, unless there is a good faith basis to believe that the individual is the biological father of the minor child. Additionally, prior to ordering paternity testing, a trial court must determine that the testing would be in the child’s best interest. However, in most paternity cases the parties will consent to genetic testing to expedite the process of establishing paternity.
Under Florida law, child support is calculated pursuant to the child support guidelines. The Florida child support guidelines consider the income of each parent, the number of children, and the overnights that each parent spends with the child or children. Additionally, the child support guidelines consider the cost of health insurance paid on behalf of the minor children and any child care costs such as daycare.
In the event that the parties are unable to reach an agreement at mediation, the case will proceed to a trial in front of a Judge. The Judge will hear evidence to establish paternity as well as evidence to establish the parenting plan. Based on the competent substantial evidence presented to the trial court along with the arguments presented, the trial judge will create a parenting plan that he or she deems fit. The decision of the trial judge is typically binding and final, unless there is a basis to appeal the decision.
With over 25 years of dedicated service, the DeWitt Law Firm has earned a reputation for integrity and compassionate legal support in Florida’s family law courts. We know the stakes are high—emotionally and financially—and we are committed to achieving the best outcomes for our clients.
Feeling overwhelmed by the legal process and the stress of family disputes, give us a call. We’re here to make this process smoother and to protect your rights every step of the way. Schedule a consultation with us today. Let DeWitt Law Firm be your guide and advocate in your family law proceedings in Florida.
