Paternity Lawyer in Polk County

Providing Clarity & Strength in Paternity Disputes

Recent statistics show that around 40% of all births occur out of wedlock. This is a massive increase over recent decades and has established somewhat of a parental responsibility crisis. In some cases, sole parental responsibility gets taken up by one parent — but family law matters do not have to end in this manner. Whether you’re seeking child support, want to secure child custody, or believe a child is not yours, a Polk County paternity attorney may be able to assist.

At The Law Firm of Gil Colón, Jr., we know that establishing parentage is an emotional family law issue. Issues such as same-sex marriage and marital infidelity can certainly complicate matters, but even simple situations can prove complex under Florida law. Fortunately, understanding statutory requirements can help you make more informed decisions and take advantage of your legal rights. You don’t have to navigate the legal process alone. Contact us today for a free consultation.

Why Do You Need to Establish Paternity?

Establishing paternity for minor children is an important step that parents sometimes need to take. This isn’t typically something that happens during the divorce process, particularly if the parents were married at the time of conception. However, unwed parents will encounter particularly difficult legal issues. For instance, a mother will need to prove who the father of her child is to seek child support payments.

Additionally, only the legal father can file for custody and visitation rights — and without established paternity, no one can claim to be the legal father of a child. It’s also necessary to establish paternity during the adoption process for a child to receive the legal rights and protections provided to biological offspring. Finally, it might be the case that the father doesn’t believe the child they’re caring for is their own — and they may wish to terminate their responsibilities.

Whatever the underlying circumstances of your situation, you have legal needs that need to be addressed. Our Polk County paternity lawyers can handle this on your behalf. Contact us today to discuss your situation.

How Does Florida Law Establish Paternity?

Florida family law has one major goal when a child is involved: protect the child. However, it’s important to establish paternity to ensure this goal is attainable. Fortunately, there are several ways to do this. If you and a short-term partner or yearslong spouse have a child together, any of the following methods will establish legal parentage:

• Marriage: Children born to married parents are automatically presumed to be the offspring of the father
• Voluntary acknowledgment: Both parents can sign a Voluntary Acknowledgement of Paternity at the hospital or later
• Administrative order: Either parent can request a DNA test by the Florida Department of Revenue. If the test confirms paternity, the state will issue an Administrative Order of Paternity
• Court order: During paternity disputes, a mother, alleged father, or even the child (through legal counsel) can file a paternity lawsuit. The judge will typically order genetic testing

While determining paternity is important in determining parental rights, other factors also play a role. Legal parentage is only the first step in protecting your rights. In fact, it’s very likely that you’ll still need to go to court — or at least submit legal documentation — to fully take advantage of the new knowledge you’ve established.

Does Proving Paternity Immediately Establish Child Support?

Whether you and a child’s other parent don’t agree on paternity or you simply want to know for sure, establishing parentage is critical for child support matters. However, court orders are typically still necessary after determining paternity. That’s because the two parents of a child are both financially responsible for the child’s care. However, there are specific calculations that determine each parent’s financial responsibility.

This is true for individuals in various situations, from those going through collaborative divorce to those who have only had one romantic encounter. While paternity establishes the responsibility, a court order will dictate how much the non-custodial parent needs to pay the parent who has custody. A judge will review both parents’ income and living situation, along with the child’s needs. The courts typically use a formula to determine payments, but the driving determinant is always the child’s best interests.

Does Paternity Grant Child Custody in Family Law Cases?

There’s a shared parental responsibility between individuals who have a child together. This is most clear in child support matters. However, a paternity test does not automatically grant child custody or visitation rights. That’s true even in divorce cases where paternity has never been in doubt. That’s because courts will again consider the best interests of a child when making custodial determinations. That will dictate everything, including the visitation schedule, parenting plan, and time-sharing arrangements.

The process of determining these issues goes more simply in divorce cases. As issues such as marital property and spousal support get determined, child custody decisions also come into play. For those who have a child out of wedlock, this process is more difficult. Even after establishing paternity, you must go to court to secure custodial rights. There’s no guarantee that paternity will lead to sole or shared custody, but a paternity lawyer in Polk County may be able to assist in this matter.

Our law firm handles most family law issues — including custody and visitation. Contact us today for your free consultation.

Contact a Polk County Paternity Attorney Today

Having a child changes a person’s life forever. Parents can encounter financial issues, difficulty maintaining a relationship with their children, problems determining grandparents’ rights, and much more. Unfortunately, parents who have not established paternity will have an even more difficult time than most. However, you don’t have to face these challenges alone. An experienced family law attorney can help you navigate paternity and other important issues.

At The Law Firm of Gil Colón, Jr., we know how stressful dealing with a family law issue can be. Even simple legal matters can become incredibly complex when children are involved. However, we’re here to help our clients resolve any problems they may encounter. Whether you’re the mother or father of a child — or even if you just want a bit more certainty — our Polk County paternity attorneys are here to assist. Contact us at (863) 622-9602 to schedule your free initial consultation today.