Paternity Attorney Miami
Experienced Family Lawyers Helping Resolve Matters of Paternity in Miami & Coral Gables, FL
The Florida Statutes surrounding the issue paternity are complex. When a paternity action is filed, a man may be officially deemed by the court as the father of a minor child or children and the issues of child support, parental responsibility and the creation of a parenting plan and timesharing schedule will need to be addressed and resolved.
These actions may be filed for a variety of reasons, whether it is because an alleged father is trying to obtain custody or timesharing with the children, or the mother is seeking out child support. Regardless of the reasons, it is imperative you seek legal counsel before filing a paternity action against another individual.
How Paternity is Established in Florida
In Florida, there are five primary ways to establish paternity, which include:
- Marriage – If both parents are married when the child is born, the man has legal paternity.
- Acknowledgement of Paternity – This is when unmarried couples sign legal documents in the hospital stating the acknowledgement of paternity.
- Administrative Order via Genetic Testing – When a genetic test is ordered and proves fatherhood, paternity is established.
- Court Order – A judge may adjudicate the paternity action in court.
- Legitimation – This is when the mother and father get married after the child is already born, then update the birth record through the Florida Office of Vital Statistics to state paternity.
Enforcing Child Support During a Paternity Action
To receive child support from a presumed father, you must first prove that he is the legal father of your child. To do this, you will need to either show documented proof or request genetic testing. This is referred to as a paternity action, and it is initiated by the filing of a petition in court.
Once the genetic testing is complete and the father is proven through paternal DNA, the court will then order him to pay his required child support pursuant to the Child Support Guidelines under Florida Statute Section 61.30.
Why You Need a Miami Family Law Attorney
Paternity actions are not easy. While you can enforce child support once you prove paternity, litigation involving a paternity actions can be time consuming and highly emotional – and often met with fierce opposition by the assumed party.
By having an attorney by your side, you can have a representative negotiate on your behalf and help guide you through the complex paternity laws of Florida.
Our firm helps both mothers and fathers who need to prove paternity or refute paternity in court. We guide you through the legal process and defend your rights.
If paternity is proven, we will aggressively seek out the required child support payments so that your child is well provided for under the law.
Contact the Estevez-Pazos Law Firm, P.A. today for an initial consultation 305-717-7130. Serving Miami area from our offices at 1541 Sunset Drive, Coral Gables, FL 33143 .
Some of the main areas we serve can be found below:
- Coral Gables