Paternity / Establishing Custody

Establishing Paternity and Custody Rights in Florida

Under Florida state law, if a father was not married to his child's mother at the time of conception or birth, the father has no legal right to child custody or visitation - until paternity (parentage) is established. Paternity can be established by bringing a paternity action in family court.

Unmarried parents who live together and want to separate are treated differently under the law. A paternity action, in many of these cases, is not used to prove the identity of the father: A paternity test is a legal means to secure a father's right to child custody.

If you are a father who wants to secure your right to custody of your child or children, call the attorneys at Stepniak & Park, P.A.. We have offices in Daytona Beach, DeLand, Palm Coast, and Orlando and provide statewide representation to the people of Florida. We can help you legally establish your parental rights and custody rights.

At Stepniak & Park, P.A., we understand that most fathers do not deny their children. The dispute after separation for people who lived together primarily involves the custody and child support arrangements. Our lawyers are concerned with helping unmarried fathers establish and protect visitation and fathers' rights, and we can help you ensure your continued contact with your children.

Legal Paternity Through DNA Testing: The Process

A simple DNA test can prove that there is a more than 99 percent probability that a man is the biological father of a child. The Florida family courts recognize DNA test results as definitive proof and will often grant child custody and visitation rights based on it.

A mother or father can request a paternity test, and DNA can either be voluntarily given or the court in a paternity action can order that a DNA sample be taken by force. Once the courts begin a paternity action, the man is required to submit to a DNA test - in some cases, a blood test is used. A simple cheek swab is all that is needed, and test results are usually available in a few days.

In a paternity action, the court can award a father all the legal rights and responsibilities of being a parent: the right to pursue child custody and visitation, as well as the obligation to provide child support. Similar to divorce cases, the courts agree that the involvement and support of both parents is in the children's best interests.

To learn about how a paternity action can help you secure your parental rights, contact Stepniak & Park, P.A. today. Let us help you take control and assert your fathers' rights.