Paternity Lawyer Miami | Father's Rights

Under Florida law, an unmarried father has no legal rights to his child until paternity is formally established. Without a legal determination of paternity, a father cannot seek time-sharing, make decisions about the child's education or healthcare, or be recognized as a legal parent. Establishing paternity is the essential first step to protecting your relationship with your child.

At Lacayo Law Firm, our Miami paternity lawyers represent both mothers and fathers in paternity actions throughout Miami-Dade, Broward, and Palm Beach counties. Whether you are seeking to establish your rights as a father or need to determine paternity for child support purposes, we provide knowledgeable and effective legal representation.

Key Issues in Paternity Cases

What Your Paternity Case May Involve

Every paternity case is unique. Here are the most common issues our attorneys help clients resolve.

Establishing Paternity

Filing petitions to legally establish the father-child relationship through voluntary acknowledgment, DNA testing, or court action.

Time-Sharing Schedules

Creating parenting plans that establish meaningful time with both parents while serving the best interests of the child.

Child Support

Calculating and establishing fair child support obligations based on Florida's income shares model and each parent's financial circumstances.

DNA Testing

Coordinating court-ordered or voluntary DNA testing to establish or dispute biological paternity with scientific certainty.

Parental Responsibility

Determining whether parents will share or have sole responsibility for major decisions about the child's welfare, education, and healthcare.

Unmarried Parents' Rights

Protecting the rights of both mothers and fathers who were never married, including visitation, decision-making, and relocation issues.

The Paternity Process

How a Florida Paternity Case Works

Understanding the steps involved helps you prepare for establishing your parental rights.

Initial Consultation

We review your situation, explain your legal rights, and develop a strategy for establishing paternity and securing your parental rights. This is your opportunity to ask questions and understand the process.

Filing the Paternity Petition

Your attorney files a Petition to Determine Paternity with the court. The other parent is served with the petition and has 20 days to respond. If paternity is disputed, we request court-ordered DNA testing.

DNA Testing (If Needed)

If paternity is contested, the court orders DNA testing. A simple cheek swab is collected from the alleged father, child, and typically the mother. Results are available within a few weeks and are admissible in court.

Negotiation & Mediation

Once paternity is established, we negotiate terms for time-sharing, parental responsibility, and child support. Many cases are resolved through mediation, saving time and reducing conflict.

Final Order

The court enters a final order establishing paternity, approving the parenting plan, and setting child support. This order provides the legal framework for both parents' rights and obligations going forward.

Common Questions

Paternity FAQ

How is paternity established in Florida?

Paternity in Florida can be established through a Voluntary Acknowledgment of Paternity signed by both parents, through court-ordered DNA testing when paternity is disputed, or through a paternity lawsuit filed in family court. Children born during a marriage are legally presumed to be the husband's child, though this presumption can be challenged.

What rights does a father have once paternity is established?

Once paternity is legally established, a father has the right to seek time-sharing with the child, participate in major decisions about the child's education, healthcare, and religious upbringing, access the child's records, and be consulted before the child can be relocated. The father also assumes the legal obligation to provide financial support for the child.

Can a father get custody in Florida?

Yes. Florida law does not favor one parent over the other based on gender. Once paternity is established, a father has the same rights as a mother to seek time-sharing and parental responsibility. The court makes its determination based solely on the best interests of the child, considering factors such as each parent's relationship with the child, stability, and ability to meet the child's needs.

How does DNA testing work in a paternity case?

DNA testing involves collecting a simple, painless cheek swab from the alleged father, the child, and typically the mother. The samples are analyzed at an accredited laboratory, with results usually available within two to three weeks. Modern DNA testing is over 99 percent accurate and provides conclusive evidence for the court.

What if the mother refuses to allow DNA testing?

If the mother refuses voluntary DNA testing, the alleged father can file a petition to establish paternity with the court. The court has the authority to order DNA testing over the mother's objection. If a party refuses to comply with a court-ordered DNA test, the court may draw an adverse inference against that party, potentially establishing paternity by default.

Miami Paternity Lawyer