Is it Ever Too Late to Establish Paternity in St Lucie County?
In Florida, paternity is legal fatherhood (Florida Statutes § 742). It is the basis of a man’s parental rights/responsibilities. In most cases, paternity is established immediately. In other cases, it may be established a bit later. This raises an important question: Is it ever too late to establish paternity in Florida? The answer is technically “no”—at least as long as the child has not yet turned 18 years of age. Here, our St. Lucie County paternity lawyer provides a more detailed overview of the most important things that you need to know about the law in Florida.
First and foremost, it is useful to understand how paternity works. In Florida, it can be established in several ways. It will depend on the circumstances of the child’s birth and the parents’ relationship. Here is an overview of the options for establishing paternity in St. Lucie County:
- Marriage: If a child is born to a married couple, the husband is automatically presumed to be the legal father under Florida law. No other action is needed to establish paternity.
- Voluntary Acknowledgment: If the parents are unmarried, they can sign a “Voluntary Acknowledgment of Paternity” form. Once filed with the Florida Bureau of Vital Statistics, it becomes legally binding after 60 days.
- Administrative Order Based on Genetic Testing: Either parent can request genetic testing through the Florida Department of Revenue. If the test confirms biological paternity, an administrative order is issued without needing to go to court.
- Court Order: Not all paternity cases are easy. If there is a dispute, the case may need to go to court. Either parent may file a paternity action in court. The judge may order DNA testing and can then issue a legal finding of paternity.
You Can Always Establish Paternity for a Minor in Florida (There is Still Time)
In Florida, paternity can be established at any point until a child reaches the age of adulthood. In other words, you can still establish paternity for a child if he or she is under the age of 18. There is no strict deadline or statute of limitations that prevents either the mother or the alleged father from initiating a paternity action for a minor. Whether the child is a newborn or a teenager, legal paternity can still be pursued. Even the Florida Department of Revenue can assist with paternity establishment at any point while a child is a minor.
Why a Proactive Approach is the Best Approach
Paternity cases are time-sensitive. Even though paternity can be established late—including while a child is already a teenager—there is no reason to wait to take action. Paternity is the basis of a man’s rights and responsibilities as a father. Without paternity, there is no legal fatherhood. Taking a proactive approach promotes stability for a family, protects everyone’s interests, and lays the foundation for a legal parent-child relationship. A St. Lucie County family lawyer can help.
Contact Our St. Lucie County Paternity Lawyer Today
At The Law Office of Denise Miller, PA, our St. Lucie County paternity attorney has the knowledge and experience that you can trust. If you have any questions or concerns about establishing paternity late, we are here to help. Call us now or contact us online for a fully confidential consultation. Our firm handles paternity cases throughout St. Lucie County, including in Port St. Lucie, Fort Pierce, Lakewood Park, North Fort Pierce, and Indian River Estates.
