Do You Need an Attorney for a Paternity Action in Florida?
- Tabetha Bennett
- Sep 26
- 3 min read
Establishing paternity is one of the most important steps for parents in Florida who are not married at the time of their child’s birth. A paternity action can have lifelong consequences for both parents and, most importantly, for the child. While it is legally possible to represent yourself, the issues involved—such as parental responsibility, time-sharing, and child support—are complex. A family law attorney can help ensure your rights are protected and that the court receives the full picture.
Why File a Paternity Action?
A paternity action legally identifies the father of a child and creates a framework for parenting rights and obligations. Without a court order, an unmarried father has no enforceable rights to custody or timesharing, even if he is listed on the child’s birth certificate. Filing a paternity action ensures that both parents’ rights and responsibilities are clearly defined under Florida law.
Parental Responsibility
Florida courts use the term “parental responsibility” to describe the authority parents have to make major decisions for their child, such as those involving education, healthcare, and religious upbringing. In most cases, courts favor shared parental responsibility, meaning both parents work together to make these decisions. However, in situations involving abuse, neglect or abandonment, the court may award sole parental responsibility to one parent.
An attorney can present evidence and argue persuasively for the arrangement that is in the best interest's of the child.
Timesharing
Timesharing refers to the schedule that determines when the child spends time with each parent. Florida law no longer uses the terms “custody” or “visitation.” Instead, parents submit or litigate a parenting plan that details weekday and weekend schedules, holidays, school breaks, and transportation responsibilities.
Determining a fair and workable timesharing plan is often the most emotionally charged part of a paternity case. An attorney not only understands the statutory best-interest factors that judges must apply but also knows how to frame evidence and arguments in a way that supports your relationship with your child.
Child Support
Once paternity is established, the court must address child support. Among the factors considered under Florida’s child support guidelines are both parents’ incomes, the cost of health insurance, daycare expenses, and the amount of overnight timesharing each parent has. Child support is designed to meet the child’s needs—not to punish or reward either parent.
An attorney can ensure that all financial information is properly disclosed and that the support calculation is accurate. If circumstances change in the future, an attorney can also help petition for a modification.
Why Having an Attorney Matters
While forms for paternity actions are available to the public, the process of properly filing, serving, and litigating the case is not simple. An attorney knows how to:
Apply the relevant Florida statutes and case law to your situation.
Navigate procedural requirements, including discovery, mediation, and evidentiary hearings.
Protect your parental rights and ensure the child’s best interests are presented to the court.
Bring the case from filing all the way through final judgment efficiently and effectively.
Final Thoughts
A paternity action in Florida is about much more than just establishing who the father is. It lays the foundation for how two parents will share responsibilities, time, and financial obligations for years to come. While it is possible to proceed without an attorney, the risks of misunderstanding the law or mishandling court procedures are high. Consulting with a family law attorney ensures you are not only informed but also fully prepared to protect your child’s best interests and your rights as a parent.
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