Mitchell and Associates PA

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Office Located in Central Florida, Lake County, Florida
Accepting Cases in Orange, Seminole, Lake, Sumter, Marion and adjacent Counties

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All initial consultations are free! So, please do not hesitate to contact us today, Call Now (352) 324-2444

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FREQUENTLY ASKED QUESTIONS REQUARDING PATERNITY ISSUES

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What is a paternity action?

A paternity action is opened when a Petition for Determination of Paternity and Related Relief is filed. This is the legal action that is required in order to establish the biological father legally(paternity), and then determine the proper amount of child support to be exchanged between the parties, as well as the timesharing(visitation arrangement that is in the best interest of the minor child or children subject to the proceeding.

Why do I have to file a paternity action when paternity is not in dispute?

Even if paternity is not in dispute, either by agreement or by being established through a DNA test, this is the appropriate action to be filed in order to establish the father's legal rights, as well as child support and timesharing(visitation through a parenting plan. This is the legal action that is required in order to get those issues in front of a Judge when the parents of the child(ren)are not married.

How can I be certain I am the biological father? Can I get a DNA test?

In nearly all cases, a person is entitled to a DNA test if they request one, provided paternity has not already been established. The request needs to be made almost immediately in nearly all cases. If it is a Department of Revenue case, then the alleged father needs to request a DNA test at the very first hearing, before paternity and child support are established. And it doesn't matter if you have already signed the birth certificate. Signing the birth certificate is only evidence that you "might be" the biological father. You are still entitled to a DNA test. If it is a Paternity or Divorce case, then a Motion will need to be filed and set for Hearing. At the Hearing the Judge will make a determination of whether or not the Motion should be granted, as well as who will bear the cost of the DNA test. Whether or not the Motion is granted depends on many factors; therefore, if you are not certain if you are the biological father, you should consult with an experienced Family Law attorney as soon as possible. In most cases, once paternity has been established (either in a Paternity action, a Department of Revenue action OR a Final Judgment of Dissolution of Marriage), it cannot be overturned, even if a later DNA test proves that you are not the biological father!

My paternity has been established and I pay child support. Why can't I see my child?

If your paternity and child support were established through the Department of Revenue, then there is no existing shared parenting or timesharing arrangement and one needs to be established by the Courts. The only thing that the Department of Revenue establishes is who the biological father is (paternity), who the child predominately resides with, and what the proper amount of child support should be according to the Florida Child Support Guidelines. In order to have the Courts address the issues of parental responsibility and timesharing (visitation), a paternity action would need to be filed.

What is a paternity action?

Why do I have to file a paternity action when paternity is not in dispute?

How can I be certain I am the biological father? Can I get a DNA test?

My paternity has been established and I pay child support. Why can't I see my child?

Your Question Directly to An Attorney

Your Question Directly to An Attorney