Statute of Limitation
A statute of limitations is essentially a time limit for the courts. Most people association a statute of limitation with crime, but there’s also a limitation for establishing paternity in Florida. The statute of limitations is a deadline for you, as the father, to claim paternity. Once the deadline is up you’ll be barred from filing for paternity action.
It’s imperative you understand the statute of limitations if you want to establish paternity. If you wait too long, you could be prevented from being the legal father. This means you can’t be listed on your child’s birth certificate and the financial obligations of the child will fall on the mother. Working with a paternity test attorney South Florida can help you act on time and take the correct legal steps before your rights disappear.
Attorney for Statute of Limitation on Paternity in Florida
Understanding the Florida paternity statute is essential before taking steps to establish legal fatherhood. The timing, process, and even the cost to establish paternity in Florida can vary depending on your situation. Attorney Nisha E. Bacchus is proficient in all types of family law such as paternity. She can help you understand how to claim paternity of a child within the allotted time frame.
Contact Bacchus Law Firm to learn more about how to establish or disestablish paternity. Our managing attorney, Nisha E. Bacchus, can come up with a plan for you. Bacchus Law Firm accepts clients throughout the Broward County area such as Coral Springs, Hollywood, Fort Lauderdale and Pembroke Pines.
Overview of Statute of Limitation for Paternity
- What’s the Statute of Limitation for Paternity in Florida?
- Ways to Establish Paternity in Florida
- Additional Resources
What’s the Statute of Limitation for Paternity in Florida?
Florida law sets a clear paternity statute of limitations that applies to mothers, fathers, and children when paternity has not yet been established. If the child already has a legal father listed, then the child will already paternity has already been claimed. Even if the legal father isn’t biologically related to the child.
Florida Statute § 95.11 states that within four years there should be “an action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.” The age of majority in Florida is 18 years old.
Basically, this means you cannot file a paternity action once the child is 22 years old. If the statute of limitations has passed, the court will prohibit you from establishing paternity.
Missing this deadline can permanently block your rights, which is why many parents seek guidance from the best divorce attorney in South Florida before time runs out.
Ways to Establish Paternity in Florida
Florida offers multiple ways for you to establish paternity for your child. The traditional way is to have the father sign the birth certificate at the actual birth. Other legal options are also available, as long as you act within the paternity suit statute of limitations, which sets the deadline for bringing a paternity claim to court. However, you can also do one of the following to claim paternity of your child.
- Voluntary Acknowledgment of Paternity – You and the mother could sign a Voluntary Acknowledgement of Paternity form. You can access the form by going to your Circuit Court clerk where you can sign and notarize it. Signing a Voluntary Acknowledgement of Paternity form gives you all the legal rights and responsibilities which comes with parenthood. Once 60 days have passed, neither you or the mother will be able to revoke the acknowledgement.
- Paternity Through Legitimization – Another way to establish paternity is through marriage. If the mother wasn’t married during the birth, then there is no legal father listed. Marrying the child’s mother would label you as the child’s legal father through a process called legitimization. All you would need to do is add a written statement to your marriage license or fill out an Affirmation of Common Child(ren) Born in Florida Form (or a DH-743A form).
- Genetic Testing – In some cases, the Florida Department of Revenue will assist with establishing paternity by supplying a genetic test. The DNA test will require biological samples which are sent to an independent laboratory. If it’s determined you’re the father of the child, then the Department of Revenue will issue an administrative order to notify the Florida Office of Vital Statistics. The Office of Vital Statistics will add your name to the birth certificate making you the legal father of the child.
- Filing a Paternity Action – Some choose to bring a paternity action to court. You can file for a paternity action, so you’re declared the legal father of the child. The court will require you to provide evidence that you’re the biological father such as genetic testing results. If the judge agrees you should be the legal father, your name will be added to the child’s birth certificate.
Additional Resources
Statute of Limitations for Paternity – Visit the official website for the Florida Senate to learn more about the limitations surrounding paternity. Access the statute to learn when you should file for paternity action and limitations for other civil matters.
Establishing Paternity – Visit the official website of the Department of Revenue to learn more about how they can help you establish paternity. Learn the benefits of being a legal father, what paternity gives you the right to do and different scenarios on how to claim paternity.
Lawyer for Statute of Limitations for Paternity in Fort Lauderdale, FL
If you wish to establish yourself as the legal father of a child, it’s important you gain legal representation. You may need to follow certain procedures to properly claim paternity of a child. If the mother opposes, you could find yourself in court. That is why it’s better you’re prepared with an experienced family law attorney. In addition to paternity cases, Ms. Bacchus represents clients as an alimony attorney in South Florida.
Contact Nisha E. Bacchus to speak to a lawyer with years of paternity law experience. She can overlook the situation to see what your best options are. Ms. Bacchus accepts clients throughout the greater Fort Lauderdale area including Hollywood, Pembroke Pines and Pompano Beach.
In Florida, the paternity law has a statute of limitations that can impact your ability to establish legal fatherhood. Under the Florida paternity statute, a father has until the child turns 22 to file a paternity action. If the statute of limitations passes, you won’t be able to legally establish paternity.
It’s crucial to act quickly if you want to ensure your rights as a father. Delaying could mean losing the chance to be recognized on the child’s birth certificate or claim parental rights. Understanding this timeline and speaking with a child support attorney in South Florida early can help protect your legal standing and parental rights.
Frequently Asked Questions
- How long does a father have to establish paternity in South Florida?
A father can establish paternity at any time, but it’s best to do so as soon as possible to ensure legal rights and responsibilities. There’s no strict deadline, but delaying could complicate custody or child support issues. - How long does a father have to sign a birth certificate in South Florida?
A father can sign the birth certificate at any time after the child’s birth. Ideally, this should be done shortly after birth to establish legal paternity right away. - How to get a paternity test in South Florida?
You can request a paternity test through the court, or if both parents agree, you can take one through a private lab. The test will compare the DNA of the father and child to confirm paternity. - Does signing a birth certificate establish paternity?
Yes, signing the birth certificate establishes legal paternity in Florida, but it requires both parents’ consent. If the mother is unmarried, this step is crucial for the father’s legal rights. - How to add father to birth certificate?
If the father isn’t listed, both parents can fill out the Affidavit of Paternity at the hospital or later with the Florida Department of Health to add the father’s name to the birth certificate.
