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Paternity Lawyers in Tampa

Helping Clients Establish Legal Fatherhood of Their Child in Florida

Society and culture continue to grow and evolve, including our definition of family. When a husband and wife have a child during their marriage, the law states that the husband is the father of the child. But what about unmarried couples? Typically, determining the mother is fairly obvious. However, establishing the father, in a legal sense, can be a bit more complex. Being named the father of your child is important, not only emotionally but from a legal standpoint as well. Beyond financial obligations to a child and their mother, establishing paternity is necessary in probate matters and worker’s compensation issues. Our Wesley Chapel paternity lawyers will guide you through this legal process to ensure the father is successfully established in the eyes of the law.

Contact our office at (813) 773-8233 to schedule your initial consultation today with our paternity lawyers in Tampa.

What is Paternity?

Paternity commonly refers to the legal recognition of a father's relationship with his child. Establishing paternity is a crucial step in defining the rights and responsibilities of a father, particularly in cases where the parents are not married.

In Florida, establishing paternity involves legally determining the identity of a child's biological father. This process ensures that both parents share the rights and responsibilities associated with raising their child. Paternity cases often arise in various situations, such as unmarried couples, divorce, or when questions about parentage surface.

How To Establish Paternity in Florida

There are a number of different ways to establish paternity, and the mechanism that is best for you will depend on each person’s particular situation.

The ways to establish paternity include:

  • Marriage: As stated above, if a husband and wife have a child during their marriage, the husband is presumed to be the father of that child. Furthermore, if the mother and believed father marry sometime during the child’s life, the child is treated to have been born during that marriage.
  • Affidavit or acknowledgment: If both the mother and supposed father sign an affidavit or a voluntary acknowledgment (either notarized or signed in front of two witnesses) of paternity, the supposed father becomes the legal father of the child. If at the time of birth, this may be necessary to have the father’s name on the original birth certificate if the parents are unmarried at the time of the child’s birth. Often the hospital will provide the affidavit and the birth certificate simultaneously at the time of birth.
  • Department of Revenue: The Department of Revenue may also commence an administrative determination of paternity to begin child support obligations.
  • Court Proceedings: The mother, child, or party who suspects he may be the father of a child may bring proceedings to determine the paternity of a child. If such a proceeding is commenced, the court may require genetic testing of the mother, the suspected father, and the child. If there is a 95% probability of the supposed father being the biological father, that man is presumed to be the father of the child. This presumption may be overcome, but it is very difficult. If there is less than a 95% probability that the supposed father is the biological father, the court will look at the totality of the circumstances and other evidence presented before declaring the paternity of the child. In that case, the court still may order that the supposed father is the legal father.

What are the Benefits of Establishing Paternity for the Child?

  • Legal Rights and Protections: Establishing paternity provides the child with a range of legal rights and protections. These rights include access to financial support, inheritance benefits, and eligibility for government programs.
  • Emotional and Social Benefits: Knowing one's father and having a legal acknowledgment of the paternal relationship can contribute significantly to a child's emotional well-being. It also fosters a sense of identity and connection to their family roots.
  • Financial Support: Establishing paternity is a critical step in securing financial support for the child. This includes child support payments, which are determined based on the income and financial standing of both parents.
  • Access to Medical Information: Knowing one's biological father is essential for obtaining accurate medical information. Establishing paternity allows the child to access crucial medical history, facilitating better healthcare decisions in the future.
  • Parental Involvement and Custody Rights: Paternity recognition ensures that both parents have equal rights to custody and visitation. This legal acknowledgment promotes shared parenting responsibilities, allowing the child to maintain meaningful relationships with both the mother and father.

Contact Our Tampa Paternity Lawyers Today

At Devolder Law Firm, our Tampa paternity lawyers can help you navigate the legal complexities of establishing the father of a child. We will work closely with you to determine which course would work best for your situation and ensure you obtain a positive outcome.

Complete our online contact form or call the office directly at (813) 773-8233 for sound and compassionate legal representation from our Tampa paternity attorney.

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