Paternity
In Florida, being a biological father and being a legal father are two very different things. If you were not married to the mother at the time of your child's birth, signing the birth certificate alone does not grant you rights to time-sharing or decision-making. At Blast Legal, we help fathers establish their legal rights to be present in their children’s lives, and we assist mothers in securing the financial support their children deserve. From DNA testing to establishing robust parenting plans, we guide unmarried parents
Paternity in Florida: Why Unmarried Fathers Need a Court Order
One of the most common misconceptions in Florida family law is the belief that if an unmarried father signs the birth certificate, he automatically has custody rights. Unfortunately, this is a myth. In the eyes of Florida law, the mother is the "natural guardian" of a child born out of wedlock, holding 100% of the decision-making power and time-sharing rights until a court order says otherwise.
The "Legal Father" Distinction
To transform from a biological father to a "legal father" with enforceable rights, you must establish Paternity. Until this legal process is complete:
The father has no legal right to enforce visitation.
The mother can move with the child without the father's consent.
The father cannot make medical or educational decisions for the child.
DNA Testing:
If there is any doubt regarding biological parentage, the court will order a scientific DNA test. Once biology is confirmed, the court moves on to the real work: creating a Parenting Plan.
The Financial Reality: Retroactive Child Support
For fathers, waiting to file for paternity can be a costly mistake. Florida law allows the court to award retroactive child support for up to 24 months prior to the filing of the petition. This means a father could walk into court seeking visitation and walk out owing thousands of dollars in back support. Filing early not only secures your time with your child but helps manage your financial obligations proactively.
Shared Parental Responsibility
The ultimate goal of a paternity action is "Shared Parental Responsibility." This legal status places both parents on equal footing, requiring them to consult each other on major issues like healthcare, religion, and education. It ensures that the child benefits from the love and guidance of both parents, not just one.
Don't rely on a handshake agreement or a birth certificate. Relationships change, and without a court order, your access to your child is vulnerable. Establishing paternity provides security for you and stability for your child.