Paternity and When to Pursue DNA Testing in Florida

Establishing paternity is an essential legal step in many family situations, as it determines a child’s legal father. Whether for child support, custody, or inheritance rights, proving paternity can have far-reaching implications.  If both parents agree that the Father is the natural father of the child, DNA testing is not required, however, a Court Order establishing the Father as the LEGAL and NATURAL father is necessary.

In Florida, paternity is not automatically assigned unless the parents are married, which means unmarried parents must take specific steps to establish the legal relationship. DNA testing is often a key part of this process, and knowing when to pursue it can make a significant difference in the outcome of a case. Talk to a Port St. Lucie family law attorney about your situation and how to move forward.

When to Pursue DNA Testing

There are various reasons why someone might want to establish paternity. For unmarried mothers, confirming paternity could be instrumental in securing financial support for the child. Once paternity is documented, the father is legally obligated to provide child support, which can help ensure the child’s needs are met.

In other situations fathers want to prove paternity to gain parental rights, including the ability to seek custody or visitation. Without legal paternity, a father may have no say in the child’s upbringing. There are also times when establishing paternity is necessary for a child to inherit resources from their biological father or have access to claim benefits like health insurance, Social Security, or veteran’s benefits.

Reasons to move forward with DNA testing:

• Paternity is contested. If the alleged father denies being the child’s biological father, DNA testing can definitively prove or disprove the claim. Similarly, if a mother is unsure who the father is, a test can provide clarity.
• Before accepting legal paternity. In situations where there is doubt about a child’s biological father, a person may want to pursue DNA testing before signing a Voluntary Acknowledgement of Paternity, which is legally binding. Once signed, it can be challenging to overturn, even if later evidence shows the man is not the father.
• In unusual circumstances or if there is a matter of inheritance, grandparent or other relative rights may apply. Sometimes, family members may seek legal rights or benefits on behalf of the child, and DNA testing can be used to confirm a genetic relationship.

DNA testing is a simple and non-invasive procedure. It typically involves a cheek swab from both the child and the potential father, though in some cases a blood test may be used. The samples are then analyzed and results usually come back within a few days to a couple of weeks.

Legal Guidance and Modifying Agreements

A Port St. Lucie family law attorney can explain the steps of DNA testing, file the necessary paperwork, and ensure that the rights of both parents and the child are protected. They can also arrange for court-ordered testing and assist in modifying existing child support or custody agreements.

Have you been considering DNA testing? Whether you’re seeking to confirm a father’s identity for child support, custody rights, or emotional well-being, pursuing DNA testing is a way to resolve paternity questions. Working with the legal team at Baginski, Brandt & Brandt can help ensure that the legal process is handled smoothly. To schedule a confidential consultation, reach out today.