Florida Paternity Laws
Paternity laws vary by state, so here’s a breakdown of common questions regarding paternity in Florida:
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Children Born Outside of Wedlock
- The mother has primary custody until a court establishes the father.
- She can leave the state before a paternity order.
- The alleged father has no legal rights until paternity is established.
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Establishing Paternity
- Completing a birth certificate or being on the Father Registry suggests paternity but doesn’t confirm it. A court order is needed for certainty.
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Presumption of Fatherhood
- The law presumes a child born to married parents is the husband’s biological child. But this presumption can be challenged in court.
- If the alleged father claims legitimacy (being the biological father), the court appoints a guardian for the child before any DNA testing.
- Blood testing requires a hearing (“Privette hearing”). The person requesting the test (moving party) must prove they are the father with clear and convincing evidence.
- Even if the legal father isn’t biological, there must be a solid reason to overcome the presumption (in the child’s best interests).
- A married couple cannot simply agree that the husband isn’t the father.
- The “non-access rule” can overcome the presumption that the husband couldn’t have conceived the child.
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