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Boca Raton, Florida 33432
Phone: (561) 210-8510
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Email: mdm@moccialaw.com

Paternity

Paternity is the legal determination of who a child's father is.  This determination is vital to whether a man is required to pay child support and whether the man has any rights to child custody or visitation.  Children born in an intact marriage are presumed to be the child of the husband, though this presumption is rebuttable.  In Florida, there are two types of paternity proceedings: establishment of paternity and disestablishment of paternity.    Common reasons to establish paternity are when a mother wishes to seek child support from a man who is suspected to be the father or when a man is seeking to have visitation or custody rights of a child whom he believes he is the father.  The most common reason to disestablish paternity is when a man seeks to discontinue paying child support for a child that he believes is not his. 

Establishment of Paternity

Establishment of Paternity involves filing a petition with the court and submitting blood samples for DNA testing.  If the DNA test shows that the man is the father of the child, then the judge will issue an order declaring the man to be the father and if appropriate, will order the man to pay child support.  If appropriate, the court can also order the father to pay other costs such as attorneys' fees, any hospital and medical expenses associated with the child, and the costs of the DNA testing. 

If you wish to establish the paternity of your child, give us a call today for a free initial telephone consultation.

Disestablishment of Paternity

Disestablishment of paternity is the opposite of establishment of paternity and if successful, the court will enter an order declaring that the man is not the father of the child and is not responsible for any further child support payments.  Like an establishment of paternity proceeding, the proof required in a disestablishment of paternity proceeding involves submitting blood samples for DNA testing.  A disestablishment of paternity proceeding can only be brought within a short time after learning that the current legal father may not be the biological father.  Further, there are very narrow circumstances under which the court will disestablish paternity because family courts in Florida look after the best interests of the child.

To see if your circumstances can support a disestablishment of paternity, give us a call for a free initial telephone consultation. 






The information provided on this page is intended to be for educational purposes only and in no way establishes an attorney-client relationship or provides legal advice.  Upon information and belief, the information provided on this page is accurate as of September 1, 2008.  Since family law statutes and rules change frequently, please consult an attorney before relying on the information contained in this page.