Paternity Lawyer Miami
Establishing paternity is essential for securing parental rights and responsibilities in Florida. If a child is born to unmarried parents, the father has no legal rights until paternity is formally established. This affects child custody, time-sharing (visitation), and child support obligations. Whether you are a father seeking parental rights or a mother seeking financial support for your child, a skilled Miami paternity lawyer can help.
At Cruz Legal, P.A., attorney Marisol Cruz helps parents navigate paternity cases in Florida, ensuring that fathers’ rights and children’s best interests are protected. Whether you need to establish, challenge, or modify paternity, we provide legal guidance and aggressive representation.
Why Is Establishing Paternity Important?
When parents are not married, the child’s legal father must be established before the father has:
- Custody and visitation (time-sharing) rights
- The right to make decisions regarding the child’s upbringing
- Legal recognition as the child’s father
- The ability to prevent the child from being adopted without consent
For mothers, establishing paternity ensures:
- Financial support for the child (child support payments)
- Access to health insurance, inheritance rights, and government benefits
- A clear legal relationship between the child and father
How to Establish Paternity in Florida
In Florida, paternity can be established in four ways:
1. Voluntary Acknowledgment of Paternity
If both parents agree on paternity, they can sign a Voluntary Acknowledgment of Paternity form at the hospital in some circumstances.
Once signed, this form gives the father full legal rights and cannot be revoked after 60 days, except in cases of fraud, duress, or material mistake of fact.
2. Administrative Order Based on DNA Testing
Either parent can request a paternity test (DNA test) through the Florida Department of Revenue.
If the DNA test proves the man is the father, an administrative order is issued, legally establishing paternity.
3. Court-Ordered Paternity Case
If paternity is disputed, either parent can file a paternity lawsuit in Florida family court.
The court may order DNA testing to determine paternity.
Once paternity is established, the court will address custody, time-sharing, and child support.
4. Marriage of the Parents
If the biological parents marry after the child is born, paternity is automatically established.
Fathers’ Rights in Paternity Cases
Unmarried fathers do not have automatic parental rights—they must establish paternity to gain custody and decision-making authority.
Once paternity is legally confirmed, fathers can:
- Request visitation and decision-making authority
- Make important decisions about the child’s upbringing
- Fight against relocation if the mother wants to move 50 miles or more from their home (as identified in the last court ordered Parenting Plan)
If you are a father seeking equal parenting rights, we can help you petition for time-sharing and decision-making authority.
Child Support and Paternity
Once paternity is established, the father is legally required to provide child support. The amount of support is based on:
- Each parent’s income
- The number of overnight visits with the child
- Healthcare, childcare, and educational expenses
- The child’s overall financial needs
If a father is wrongfully being asked to pay child support, but he is not the biological father, we can challenge paternity in court and help correct the legal record.
Can Paternity Be Challenged or Disputed?
Yes, under most circumstances, a man who believes he is not the biological father can challenge paternity by:
- Requesting a DNA test before signing any legal documents
- Filing a paternity dispute if falsely named as the father
- Seeking to disestablish paternity if he has been paying child support for a child who is not his
Under Florida law, a father can petition to disestablish paternity if:
- A DNA test proves he is not the biological father
- He was misled or deceived into believing he was the father
- He files the petition within a reasonable time after learning the truth
However, if a child is born during a marriage, the husband is legally presumed to be the father, even if the biological father is someone else. In such cases, the husband may still have legal and financial responsibilities unless paternity is formally disestablished through the courts.
If you have been wrongly identified as a child’s father, we can help challenge paternity in court.
Modifying Custody and Child Support After Paternity Is Established
After paternity is confirmed, fathers can:
- Request a parenting plan that includes time-sharing (visitation)
- Petition to reduce child support if they have more time-sharing with the child
- Modify an existing child support order if their financial situation changes
If you are seeking to modify custody, visitation, or child support after paternity is established, we can help you petition the court for a fair arrangement.
Why Hire a Paternity Lawyer in Miami?
Establishing or disputing paternity can be legally complex. Hiring an experienced Miami paternity lawyer ensures that your parental rights are protected and that legal procedures are properly followed.
- Guidance on how to establish or challenge paternity
- Legal representation in paternity lawsuits
- Filing child support, custody, and time-sharing petitions
- Modifying or enforcing existing paternity-related court orders
At Cruz Legal, P.A., we provide legal advocacy to ensure that both fathers and mothers receive fair treatment under Florida law.
Why Choose Cruz Legal, P.A.?
Extensive Experience in Paternity Cases
Attorney Marisol Cruz has helped numerous parents establish, dispute, and/or modify their parental rights.
Competent Representation When Needed
Bilingual Legal Services
Personalized Legal Solutions
Schedule a Consultation with a Miami Paternity Lawyer
If you need to establish, dispute, and/or modify their paternity in Miami, don’t handle it alone.
Let an experienced paternity attorney help you secure your rights and protect your child’s best interests.
Call us today or fill out our online contact form to schedule a confidential consultation with paternity lawyer Marisol Cruz.
Get the legal help you need today!