Miami Paternity Attorneys
Do you have questions regarding paternity? Are you trying to establish or contest paternity rights? If so, Hoffman & Hoffman can provide you with the legal guidance you seek. Our experienced Miami paternity attorneys will explain the process and help you fight for your parental rights.
Paternity of a Child Born Out of Wedlock
The paternity of a child cannot be established by the child’s birth certificate. The fact that a putative father’s name (i.e., the father of a child born out of wedlock) is listed on a child’s birth certificate does not mean that paternity for the child has been established.
The paternity of a child born out of wedlock can be established through one of the following methods:
- Filing an affidavit acknowledging paternity [that is executed by both parents] or a stipulation of paternity [that is executed by both parents] with the Clerk of Court;
- Execution of any of the following documents by both parents: (i) an affidavit of paternity; (ii) a notarized voluntary acknowledgement of paternity; or, (iii) a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalties of perjury;
- Obtaining an adjudication of paternity from the Florida Department of Revenue; or,
- Obtaining an adjudication of paternity through a hearing brought under the statutes governing inheritance, or dependency under workers’ compensation or similar compensation programs.
A voluntary acknowledgment of paternity can be rescinded for any reason within 60 days of signing the acknowledgment. After 60 days have passed, an acknowledgment of paternity can only be challenged for fraud, duress or material mistake of fact.
Paternity of a Child Born into an Intact Marriage
A marital couple is presumed to be the legal parents of a child born during the marriage. This “presumption of legitimacy” is one of the strongest presumptions under the law, and it is intended to prevent the biological father of a child from being able to establish the paternity of a child born to an intact marriage where the mother of the child and her spouse object to the paternity proceedings. In other words, when a child is born during an intact marriage, the child’s biological father cannot seek to establish paternity, parental responsibility and/or timesharing unless the mother of the child and her spouse consent to the proceeding. For additional information, please contact our Miami paternity attorneys for a consultation.
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