ORLANDO LAWYERS - CRIMINAL DEFENSE, DIVORCE, DUI & PERSONAL INJURY
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PATERNITY INFORMATION:
Any woman who is pregnant or has a child, or any man who has
reason to believe that he is the father of a child, or any child may
bring proceedings to determine the paternity of the child when
paternity has not been established by law or otherwise. This page
of our website contains some general information about Paternity
in Florida. For more information, Call us Today at (407) 648-5255
for a Free Case Review of your individual situation.
Paternity - The action begins with one party filing a Petition to
determine Paternity in the appropriate county. The other party
upon being served has 20 days to file an Answer and if necessary
a CounterPetition.
If the responding party is in agreement, scientific testing may not be necessary, however, if the
parties do not agree a paternity test may be necessary.
Scientific Testing - In any proceeding to establish paternity, the court may, upon request of a party
providing a sworn statement or written declaration alleging paternity and setting forth facts
establishing a reasonable possibility of the requisite sexual contact between the parties or
providing a sworn statement or written declaration denying paternity and setting forth facts
establishing a reasonable possibility of the nonexistence of sexual contact between the parties,
require the child, mother, and alleged fathers to submit to scientific tests that are generally
acceptable within the scientific community to show a probability of paternity.
There are many facilities that offer paternity tests within the central Florida area, and in any
proceeding to establish paternity, the court on its own motion may require the child, mother, and
alleged fathers to submit to scientific tests that are generally acceptable within the scientific
community to show a probability of paternity. Test results are admissible in evidence, and a
statistical probability of paternity of 95 percent or more creates a rebuttable presumption that the
alleged father is the biological father of the child. If a party fails to rebut the presumption of
paternity which arose from the statistical probability of paternity of 95 percent or more, the court
may enter a summary judgment of paternity. If the test results show the alleged father cannot be
the biological father, the case shall be dismissed with prejudice.
If paternity is established, the Judge will decide the parenting arrangements such as parental
responsibility, custody and visitation based on the child’s best interests. In some cases, the court
may request a parenting evaluation or appoint a guardian ad litem to assist in the making it's
determination. To learn more about some of the factors the court can consider in Child Custody
and Visitation, visit the following page of our website: Child Custody>
Child support may also be ordered to assist the other parent in meeting the child’s material
needs. To learn more about some of the factors the court can consider in Child Support, visit the
following page of our website: Child Support>
Marriage of parents - If the mother of any child born out of wedlock and the reputed father shall at
any time after its birth intermarry, the child shall in all respects be deemed and held to be the child
of the husband and wife, as though born within wedlock
Attorney Fees, Suite Money, Costs - In paternity cases, If appropriate, the court will order the
father to pay the complainant, her guardian, or any other person assuming responsibility for the
child moneys sufficient to pay reasonable attorney's fees, hospital or medical expenses, cost of
confinement, and any other expenses incident to the birth of the child and to pay all costs of the
proceeding. The court may from time to time, after considering the financial resources of both
parties, order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to
the other party of maintaining or defending any proceeding under this chapter, including
enforcement and modification proceedings.
Effect of adoption - Upon the adoption of a child, for whom support has been ordered, by some
person other than the father, the liability of the father for the support of the child shall be terminated.
Criminal penalties for false statements of paternity - Any person who knowingly and willfully
provides false information to the sheriff's office, other law enforcement agency, or governmental
agency, or under oath regarding the paternity of a child in conjunction with an application for, or the
receipt of, public assistance for a dependent child commits a misdemeanor of the second degree.
Publishing names; penalty - Except for the purpose of serving process by publication, it shall be
unlawful for the owner, publisher, manager, or operator of any newspaper, magazine, radio station,
or other publication of any kind whatsoever, or any other person responsible therefor, or any radio
broadcaster, to publish the name of any of the parties to any court proceeding to determine
paternity. A person who violates this section commits a misdemeanor of the first degree
For more information about any of these issues, Call us today at (407) 648-5255 for a Free Case
Review or to speak with an attorney to see how we can help you. We represent individuals with
Divorce and Family law issues in throughout the Central Florida and Orlando area.
Our Family Law Pages: Family Law Home Page> Child Custody> Child Support> Divorce>
Injunctions> Paternity> Free Divorce Guide> FAQ Family Law & Divorce> Mandatory
Disclosure Rule>
The hiring of an attorney is an important decision which should not be based solely on advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. We invite you to contact us to speak with an Orlando DUI Lawyer at your earliest convenience to schedule a consultation.
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WILSON
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affects your individual situation, your options, and the
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WILSON LAW FIRM 809 Irma Avenue Suite 2 Orlando, Florida 32803 Tel: (407) 648-5255
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We Accept:
LAW FIRM
ORLANDO LAWYERS Over 40 YEARS of LEGAL EXPERIENCE combined
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We Accept:
809 Irma Avenue Suite 2
Orlando, Florida 32803
Tel: (407) 648-5255