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Paternity can be established by filing a civil action in circuit court. A judge can establish paternity by court order. We will ask the court to hear the case and then a judge decides whether or not paternity is established.
New Florida Law Grants Equal Parental Rights to Unwed Fathers Effective July 1st. A new Florida law effective as of July 1 gives fathers whose children were born out of wedlock equal parental rights in the Sunshine State.
Even if a father signs a child's birth certificate, he will still need to file a Petition to Establish Paternity with the court if he and the child's mother are unmarried. Furthermore, a person cannot file this type of petition until he or she has lived in the state for at least six months.
If you're a father, rights to time with your children and to have custody of your children are the same for you as they are for their mother, and they are protected by Florida family law.
If you do not wish to hire an attorney, you may file a paternity action yourself. The Florida Supreme Court provides free family law forms and instructions on their website at .flcourts.org. The forms include the documents needed to file a paternity action.