Michael J. Costantino, Esq.
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mike@newhorizonslaw.com
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Paternity

Paternity is defined as the state of being a father; fatherhood. To state the obvious, we know who the mother is; the child is born from the mother. However for the father we must establish paternity when a child is born out of wedlock. Paternity need not be established when the child is born of an intact marriage, there is a presumption that a child born during the marriage is a child of the parents.

There are several ways paternity can be established, as a matter of law, and you can find these different ways in Florida Statute 742.10(1):


Divorce & Family Law Attorney providing Legal Advice and Representation on Florida Paternity, Including Topics Such as Child Support, Domestic Violence, Relocation and Custody in Broward and Palm Beach Counties, Florida
New Horizons Law, P.A.
Michael J. Costantino, Esq.
mike@newhorizonslaw.com
Broward County
2000 Banks Road, Ste: 218
Margate, Florida 33063
(954) 623-6445
Palm Beach County
1200 North Federal Highway, Ste: 200
Boca Raton, Florida 33487
(561) 793-5570
1.The Court establishes paternity: If the establishment of paternity has been raised and determined within an adjudicatory hearing brought under the statutes governing inheritance, or dependency under workers' compensation or similar compensation programs; (This adjudication constitutes an establishment of paternity); or

2.The parties acknowledge it and files with the clerk: If an affidavit acknowledging paternity or a stipulation of paternity is executed by both parties and filed with the clerk of the court; (This affidavit or stipulation constitutes an establishment of paternity); or

3.The Parties sign the Birth Certificate. If an affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as provided for in s. 382.013 or s. 382.016 is executed by both parties; (This affidavit or acknowledgment constitutes an establishment of paternity) (Section 382.013 states that if the mother is not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the person to be named as the father.); or

4.When the Department of Revenue pursues the father: If paternity is adjudicated by the Department of Revenue as provided in s. 409.256. (This adjudication constitutes an establishment of paternity)

However, establishing paternity is only part of the solution. Generally, the establishment of paternity is a prerequisite to other relief you may be seeking, child support, time-sharing or custodial rights.

Notes on Paternity for Fathers

Notes on Paternity for Mothers