When you are first told the news that you are the father of a child, the first question you may want to have answered is whether the child is truly yours. Florida law allows a pregnant woman, a woman who has a child, a child, or “any man who has reason to believe that he is the father of a child” to bring a case in court “to determine the paternity of the child.”

There are several ways to establish paternity in Florida. Moreover, there are important differences between a biological father and a legal father. Therefore, you should not sign a birth certificate, if you have doubt, speaking with an experienced custody lawyer in Miami.

The Difference Between a Biological and a Legal Father

Simply because a man is the biological father of a child, it does not automatically make him the legal father. Although a biological father is also often the legal father; there are many instances where this is not the case.  The biological father is the man who helped conceive the child. The legal father is the person who is legally responsible for the child’s welfare.  For example, when a man adopts a baby, he becomes the legal father even though he is not the biological father.

Establishing Rights as a Legal Father

The first (and simplest) way for a man to be considered the legal father is for him to be married to the mother at the time of the child’s birth.  The second manner to establish legal fatherhood is for the biological father to marry the mother after the child is born.

The remaining methods to establish legal fatherhood occur outside of marriage and arise when:

• a man signs the child’s birth certificate which is presumptive evidence that he is the legal father
• both parties sign a voluntary acknowledgment of paternity
• both parties agree to and execute a consent order declaring the man to be the legal father (a judge must still adopt and confirm the consent order)
• a judge enters an order after an evidentiary hearing regarding paternity, which usually includes DNA testing

How to Find Out If You are the Biological Father

Although a DNA test can clear all doubt as to whether the child belongs to you, it is recommended that you consult with a qualified Miami family law attorney before you proceed with testing.  An attorney can assist you in getting the DNA test performed, and the results would remain completely confidential.  Importantly, there would be no court learning of the results.  You would receive a DNA kit and may get the results back in as quickly as two weeks for the same cost that you would pay if the state was involved in the testing.  Moreover, your attorney will have a relationship with a DNA laboratory that can be trusted to perform high quality testing. Accurate, advanced testing is performed by utilizing a sample drawn from the baby’s saliva.

The complex procedure of establishing paternity has serious implications.  If you need to dispute an allegation that you are the father of a child, it is advisable that you see an experienced family law attorney in Miami as soon as possible.  This will allow you to ask questions, and better understand your rights as well as your responsibilities for the child if it is established that you are the father. For further information or to schedule an appointment with one of our highly experienced and reputable family law attorneys please  visit www.Dadvocacy.com.