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5 Things You Need To Know About Establishing Paternity In The Greater Orlando Area

1. You must file a Petition to Establish Paternity, Custody and Child Support.
2. If you are on the birth certificate, there is a presumption you are the father.
3. You and mother can sign an affidavit of paternity, if you are the father and want to establish paternity. This affidavit must be notarized and subject to perjury, and there must be 2 witnesses to each signature.
4. You can request a DNA test, if you are denying and contesting paternity.
5. Until paternity is established, the mother has sole custody of the child.

Either the Mother or Father may petition the court to establish paternity. In your pleadings, you should also request that the court establish time sharing, co-parenting, and child support.

You may establish paternity in Florida as follows:

The Paternity statute is F. S. 742.10. You may establish paternity under F. S. 742.10 by proving the following:

1. If paternity was established within an adjudicatory hearing brought under the statutes governing inheritance, or dependency under workers’ compensation or similar compensation programs.
2. If an affidavit acknowledging paternity or stipulation of paternity is executed by both parties and filed with the clerk of court. The affidavit must be sworn under oath subject to perjury with 2 witnesses to each signature.
3. If an affidavit, a notarized voluntarily acknowledgment of paternity, or voluntary acknowledgement of paternity that is witnessed by 2 individuals and signed under the penalty of perjury as provided in F. S. 382.013 or F.S. 382.016 is executed by both parties.
4. If paternity is adjudicated by Department of Revenue as provided in F. S. 409.256.

Until paternity is established in domestic court, the Mother has sole custody to the child. That is why it is important to establish paternity in domestic court. If you and your girlfriend were living together and now have separated, you need to file a paternity action in domestic court in order to protect your legal rights to the child. You will need to establish paternity. You will need to establish a time sharing and visitation schedule with the child. You will need to pay the appropriate child support for the child. This will prevent the Mother from threatening to keep the child from you currently, or in the future. An attorney can help you in these circumstances. Many Mother want to establish paternity in order to get their children child support.

If you have questions regarding Orlando paternity, you may contact Ann Marie Gilden at Ann Marie Giordano Gilden, P.A. at (407)732-7620.

This article is for information only and does not form an attorney client privilege.