Can I Prove I Am the Father if the Mother Objects?

 Posted on October 21, 2024 in Paternity

In Florida, paternity can be established in various ways. When a straight, married couple has a baby, the wife is considered the mother, and the husband is considered the father without either parent needing to prove their relationship to the child.

When a couple is not married, it can be slightly more complicated. The woman who gave birth is automatically considered the mother and her name will appear on the baby’s birth certificate. The father’s relationship needs to be proved through a DNA test, which can happen with both parents’ consent or against one of their wishes through court orders. If you want to prove you are the father of a child whose mother is trying to keep you away, contact an experienced Miami, FL family law attorney for help.

How Is Paternity Established for Unmarried, Willing Parents in Florida?

A biological mother is recognized no matter what happens. When she gives birth, she is automatically legally considered the mother. When two unmarried parents have a child, they can fill out a form known as a Paternity Acknowledgement in the hospital at the time of birth. The father’s name will appear on the baby’s birth certificate alongside the mother’s, and he will be eligible for parental rights and responsibilities. If unmarried parents decide to establish paternity after the birth anytime until the child turns 18, they can fill out an Acknowledgement of Paternity Form in the presence of a notary public or two witnesses.

How is Paternity Established with an Unwilling Father in Florida?

If the father does not want to be recognized as such and face the resulting legal responsibilities, or the mother does not want the father to be recognized and have any legal rights to the child, this is no longer a voluntary situation. The court now needs to be involved.

Either parent has the right to file a paternity suit to appeal to a judge for a court order. Based on hearing from the mother and alleged father and reviewing available evidence, the court might decide that paternity has been proven and establish paternity through a court order. It could also order genetic testing to prove whether the man is the child’s father.

What Happens When the Mother Refuses to Comply with Paternity Testing?

If the mother refuses to share a sample of the child’s DNA, she could be found in contempt of court and face criminal charges, including misdemeanor charges. She could also be fined and face up to a year in jail. The consequences of non-compliance can be so severe that any logical mother can essentially be forced to agree to a test.

This is where a knowledgeable lawyer can help. With the right representation, a lawyer can advocate for you, make sure all options are considered, and help you work toward a favorable result.

Schedule a Free Consultation with a Miami, FL Paternity Lawyer

If you are convinced you are a child’s father but the mother will not even let you prove this, contact a qualified Miami, FL family law attorney. At Miami Family Law Group, PLLC, we are dedicated to giving clients all the details they need to make informed decisions and move forward with their lives. Call us at 305-520-7874 to schedule a free consultation.