Paternity is the legal determination of a child’s father under Florida Statute Chapter 742, and until a court or a signed acknowledgment establishes it, an unmarried father has no enforceable right to time-sharing, parental responsibility, or decision-making for his child.
Scott A. Levine, P.A. is a Fort Lauderdale, Florida family law firm that represents Broward County mothers and fathers in cases to establish, contest, or disestablish paternity.
Attorney Scott A. Levine has guided Broward County parents through paternity actions since 1996.
Key Takeaways
- Florida recognizes four methods of establishing paternity: marriage at birth, voluntary acknowledgment, court order following genetic testing, and legitimation after marriage.
- Fathers cannot seek time-sharing, parental responsibility, or a parenting plan until paternity is legally established under Chapter 742, Florida Statutes.
- Mothers may petition to establish paternity at any point while the child is a minor and can collect retroactive child support for up to 24 months.
- Florida Statute 742.18 allows a man to disestablish paternity and terminate future support only when he proves he is not the biological father and none of the statutory bars, such as a signed acknowledgment of paternity, apply.
Broward County parents facing a paternity dispute deserve trial-tested counsel. Contact Scott A. Levine, P.A. today to protect your parental rights.
What Is Paternity Under Florida Law?
Paternity is the legal determination of a child’s father, governed in Florida by Chapter 742 of the Florida Statutes. Until paternity is established, an unmarried mother holds sole legal authority over the child, and an alleged father has no enforceable right to time-sharing or decision-making.
A father who wants access to his child, and a mother who wants enforceable child support, both depend on the same legal step: a paternity determination.
Four Ways Paternity Is Established in Florida
| Method | How It Works | Typical Use Case |
| Marriage at time of birth | Florida law presumes the husband is the legal father | Married parents |
| Voluntary acknowledgment | Both parents sign a sworn statement, often at the hospital | Unmarried parents in agreement |
| Court order | A circuit court orders genetic testing and enters a paternity judgment | Disputed or contested cases |
| Legitimation | Parents marry after the birth and update the birth record | Parents who marry later |
How Do You Establish Paternity in Broward County?
Broward County parents establish paternity either through a signed voluntary acknowledgment or through a circuit court petition supported by genetic testing.
A contested case begins when either parent files a Petition to Determine Paternity in Broward County Family Court, after which the court can order DNA testing before entering a final judgment.
Scott A. Levine coordinates testing, prepares the petition, and represents parents at every hearing so the resulting order accurately reflects the child’s parentage.
What Rights Does Establishing Paternity Give a Father?
A legally established father gains standing to seek time-sharing and parental responsibility under Florida Statute 61.13, so he can participate in decisions about his child’s education, health, and welfare.
Florida courts start with a presumption that equal time-sharing serves the child’s best interests, but a father cannot seek that schedule until a paternity judgment or acknowledgment exists.
Without a paternity judgment or acknowledgment, an unmarried father has no enforceable claim if the mother limits contact or relocates with the child.
How Does Paternity Affect Child Support in Florida?
Legal paternity is a prerequisite for a child support order, and Florida courts calculate the obligation using the income-shares model set forth in Florida Statute 61.30.
Once paternity is established, either parent can ask the court to set support based on both parents’ incomes, health insurance costs, and time-sharing schedule.
A mother who establishes paternity after the child’s birth can also seek retroactive support for up to 24 months preceding the filing date, so delaying a paternity action can mean forfeiting support a child was owed.
Parents dealing with a parent who resists paying can review Levine Family Law’s guide to enforcing child support obligations for next steps.
Can You Disestablish Paternity in Florida?
Florida Statute 742.18 lets a man petition to disestablish paternity and terminate future child support when he is not the child’s biological father, provided none of the statutory bars apply.
The table below summarizes when relief is available and when a court must deny the petition.
| Disestablishment Factor | Outcome Under 742.18 |
| Newly discovered evidence the petitioner is not the biological father | Petition may proceed |
| Petitioner married the mother and voluntarily assumed the parental obligation | Relief barred |
| Petitioner signed a sworn acknowledgment of paternity | Relief barred |
| Petitioner ignored a court or agency order to submit to genetic testing | Relief barred |
| Petition granted | Relief applies prospectively only; past support is not refunded |
What Happens When a Mother Files a Paternity Petition?
A mother can file a Petition to Determine Paternity at any point while her child remains a minor, naming the alleged father and requesting a support order under Florida Statute 61.30.
Once the court establishes paternity, the mother can pursue child support, health insurance coverage, and a parenting plan that reflects the father’s involvement.
Mothers who were previously in an unmarried relationship with the father may also want to review Levine Family Law’s overview of unmarried couples’ legal rights in Florida before filing.
Waiting to file a paternity petition can cost a child months of support. Schedule a consultation with Scott A. Levine, P.A. to start the process correctly the first time.
Why Hire a Fort Lauderdale Paternity Attorney?
Scott A. Levine graduated Magna Cum Laude from Nova Southeastern University School of Law in 1996, in the top 8% of his class, and served as an Assistant Public Defender in Broward County, trying more than 45 jury trials as lead counsel before founding Scott A. Levine, P.A.
He is admitted to practice before every Florida court and the Federal District Court for the Southern District of Florida, holds an AV Peer Review Rating, and is certified by the Florida Supreme Court as a family mediator.
Scott A. Levine’s trial background matters in a contested paternity case, where genetic-testing disputes, jurisdictional questions, and Department of Revenue proceedings can each derail an unrepresented parent’s case.
Parents balancing a paternity matter alongside a broader family law dispute benefit from having one attorney handle both, so you can resolve every related issue with a single attorney instead of hiring separate counsel for each matter.
Frequently Asked Questions
How long does a paternity case take in Broward County?
An uncontested case resolved through voluntary acknowledgment can conclude within weeks. A contested case requiring genetic testing and a circuit court hearing in Broward County Family Court typically takes several months, depending on the court’s calendar and whether either parent disputes the test results.
Can a father get 50/50 time-sharing after establishing paternity?
Yes. Florida courts start from a presumption favoring equal time-sharing under Florida Statute 61.13 once paternity is legally established. The court can still order a different time-sharing schedule if evidence shows equal time-sharing would not serve the child’s best interest.
What if the mother refuses to name the father?
A man who believes he is the biological father can file his own Petition to Determine Paternity in circuit court without the mother’s cooperation. The court can order genetic testing and proceed even if the mother initially declines to participate.
Does signing the birth certificate mean I am the legal father?
Signing a birth certificate alone does not establish legal paternity in Florida. A separate voluntary acknowledgment of paternity or a court order is required, and signing the certificate after learning you are not the biological father can bar disestablishment later under Florida Statute 742.18.
How far back can retroactive child support go?
A mother who establishes paternity after her child’s birth can seek retroactive child support for up to 24 months before she filed the petition. The retroactive amount is calculated using the same income shares formula under Florida Statute 61.30 that applies to ongoing support.
Can an unmarried father lose access if the mother moves out of state?
Yes, if paternity was never legally established. Without a paternity judgment or acknowledgment, an unmarried father has no enforceable time-sharing right, and the mother can relocate with the child without his legal consent because no court order defines his parental rights.
What is the Florida Putative Father Registry?
Under Florida Statute 63.054, the Florida Putative Father Registry lets an unmarried man preserve his right to notice if his child is later placed for adoption. Registering does not establish paternity by itself, but it protects a father’s ability to contest an adoption proceeding.
Is DNA testing required to establish paternity?
Under Florida Statute 742.12, a genetic test result showing a 95% or higher probability of paternity creates a rebuttable presumption of paternity, and DNA testing is required only in contested cases where the parties dispute biological fatherhood, making early testing important for both parents.
What happens if I ignore a paternity lawsuit filed against me?
Failing to respond to a paternity petition can result in a default judgment establishing paternity and a support obligation without your input on the terms. Florida courts can also treat a willful refusal to submit to court-ordered genetic testing as grounds to rule against you.
Can paternity be established years after a child’s birth?
Florida law does not set an age limit for establishing paternity while the child remains a minor. Cases involving older children raise different evidentiary considerations, since genetic testing is still available but retroactive support calculations and existing family arrangements add complexity.
Do I need a lawyer for an uncontested paternity acknowledgment?
An uncontested voluntary acknowledgment does not require an attorney to sign, but legal review is worthwhile before signing, as the acknowledgment carries the same binding effect as a court judgment. An attorney can also explain how the acknowledgment affects future time-sharing and support obligations.
What court handles paternity cases in Broward County?
Paternity petitions in Broward County are filed with the Broward County Family Court in Fort Lauderdale, the same circuit court division that handles divorce, child custody, and support matters. Parents can file there regardless of whether the case is contested or resolved through voluntary acknowledgment.
A paternity determination shapes your parental rights for your child’s entire minority. Call Scott A. Levine, P.A. at 954-587-2244 to discuss your Broward County paternity case today.
