FLORIDA PATERNITY LAW PROCEEDINGS FLOWCHART
Florida Statutes Chapter 742 – Determination of Parentage
INITIAL PATERNITY STATUS DETERMINATION
◆ DECISION POINT ◆
Florida Statutes Chapter 742 – Determination of Parentage
YES – MARITAL PRESUMPTION
• Husband presumed legal father (F.S. §742.091)
• Birth certificate lists husband as father
• Must disestablish paternity to challenge
• See DISESTABLISHMENT PATH below
◆ DECISION POINT ◆
• No legal father established automatically
• Paternity must be established
• Mother has sole parental rights initially
• See ESTABLISHMENT PATHS below
PATH A: VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
STEP A1: VOLUNTARY ACKNOWLEDGMENT EXECUTION
▸ Both parents sign Acknowledgment of Paternity form (DH-432)
▸ Available at hospital, Vital Statistics, or Child Support offices
▸ Must be notarized; witnesses required
▸ Father’s name added to birth certificate upon filing
STEP A2: RESCISSION PERIOD
▸ 60-day rescission period from signing (F.S. §742.10(4))
▸ Either party may rescind in writing within 60 days
▸ After 60 days: acknowledgment becomes binding
▸ Challenge only for fraud, duress, or material mistake of fact
STEP A3: LEGAL EFFECT
▸ Father has full parental rights and obligations
▸ Child support obligation established
▸ Must file separate petition for time-sharing/custody
▸ Acknowledgment equivalent to court adjudication
The Law Offices of Travis R. Walker, P.A. | Stuart • West Palm Beach • Naples | Page 1
⚖ F.S. §742.10: Voluntary acknowledgment has same legal effect as court order establishing paternity
PATH B: JUDICIAL PATERNITY ACTION (F.S. §742.011)
STEP B1: WHO MAY FILE PETITION
▸ Mother of the child
▸ Man claiming to be biological father
▸ Child (through guardian ad litem)
▸ Department of Revenue (Child Support Enforcement)
STEP B2: FILING THE PETITION
▸ File in Circuit Court, Family Division
▸ Petition must identify child and alleged father
▸ May include requests for child support, time-sharing
▸ Filing fee required; fee waiver available for indigent
STEP B3: SERVICE OF PROCESS
▸ Respondent must be properly served
▸ Personal service preferred; constructive if cannot locate
▸ 20 days to respond to petition
▸ Failure to respond may result in default judgment
⚖ F.S. §742.011: Any woman pregnant or with child, or any man who has reason to believe he is the father, may bring proceedings
GENETIC (DNA) TESTING PHASE
STEP B4: MOTION FOR GENETIC TESTING
▸ Either party may request DNA testing
▸ Court shall order testing upon request (F.S. §742.12)
▸ Testing conducted by accredited laboratory
▸ Buccal swab (cheek swab) – non-invasive
STEP B5: GENETIC TEST RESULTS
▸ Results typically available within 2-4 weeks
▸ 99%+ probability = rebuttable presumption of paternity
The Law Offices of Travis R. Walker, P.A. | Stuart • West Palm Beach • Naples | Page 2
FLORIDA PATERNITY LAW FLOWCHART
▸ 0% probability = exclusion of paternity
▸ Cost typically $200-500; may be allocated by court
◆ DECISION POINT ◆
Do DNA results show 99%+ probability of paternity?
YES – PATERNITY ESTABLISHED
• Rebuttable presumption of paternity
• Respondent may attempt to rebut
• Court enters order of paternity
• Proceed to custody/support phase
NO – PATERNITY EXCLUDED
• Alleged father excluded as biological parent
• Case dismissed as to that respondent
• No child support obligation
• Petitioner may pursue other alleged father
⚖ F.S. §742.12(2): If test shows 99%+ probability, creates rebuttable presumption of paternity
FINAL JUDGMENT OF PATERNITY
STEP B6: COURT ADJUDICATION
▸ Court enters Final Judgment of Paternity
▸ Father’s name ordered on birth certificate
▸ Establishes all parental rights and responsibilities
▸ May address time-sharing and parental responsibility
STEP B7: CHILD SUPPORT DETERMINATION
▸ Court establishes child support using FL Guidelines (F.S. §61.30)
▸ Based on both parents’ incomes
▸ Considers healthcare, childcare, other expenses
▸ Support may be ordered retroactive to birth (F.S. §742.031)
STEP B8: TIME-SHARING & CUSTODY
▸ Parenting plan established or ordered by court
▸ Best interests of child standard applies
▸ Shared parental responsibility presumed
▸ Specific time-sharing schedule ordered
⚖ F.S. §742.031 : Court may order retroactive support from birth; father must have opportunity to be heard
The Law Offices of Travis R. Walker, P.A. | Stuart • West Palm Beach • Naples | Page 3
FLORIDA PATERNITY LAW FLOWCHART
PATH C: DISESTABLISHMENT OF PATERNITY (F.S. §742.18)
STEP C1: GROUNDS FOR DISESTABLISHMENT
▸ Newly discovered evidence biological father is another man
▸ DNA testing excludes legal father
▸ Fraud, duress, or material mistake of fact
▸ Must not have adopted the child or known he was not biological father
STEP C2: FILING REQUIREMENTS
▸ File verified petition in Circuit Court
▸ Petition must include newly discovered evidence
▸ Affidavit stating petitioner did not know he was not father
▸ Serve mother and any alleged biological father
STEP C3: COURT PROCEEDINGS
▸ Court may order genetic testing
▸ If test excludes petitioner: court shall grant relief
▸ Child support obligation terminates prospectively
▸ No reimbursement for past support paid
STEP C4: EFFECT OF DISESTABLISHMENT
▸ Legal father status terminated
▸ Child support obligation ends (prospectively)
▸ Name removed from birth certificate
▸ Does not automatically establish biological father’s paternity
⚖ F.S. §742.18(1): Legal father may disestablish if he did not know or have reason to know he was not biological father
KEY FLORIDA PATERNITY STATUTES
| STATUTE | SUBJECT MATTER |
|---|---|
| F.S. §742.011 | Right to establish paternity (who may bring action) |
| F.S. §742.031 | Hearings, judgments, retroactive support obligations |
| F.S. §742.091 | Presumption of paternity (child born during marriage) |
| F.S. §742.10 | Voluntary acknowledgment of paternity; effect |
| F.S. §742.105 | Acknowledgment form requirements and procedures |
| F.S. §742.12 | Genetic testing; court-ordered DNA testing |
The Law Offices of Travis R. Walker, P.A. | Stuart • West Palm Beach • Naples | Page 4
FLORIDA PATERNITY LAW FLOWCHART
| F.S. §742.14 | Egg/sperm/preembryo donation and parental status |
| F.S. §742.16 | Blood/genetic test payment and admissibility |
| F.S. §742.18 | Disestablishment of paternity; grounds and procedures |
| F.S. §61.13 | Parental responsibility and time-sharing |
| F.S. §61.30 | Child support guidelines and calculation |
| F.S. §382.013 | Birth certificate amendments for paternity |
STEP C1: GROUNDS FOR DISESTABLISHMENT
• 60 Days: Period to rescind voluntary acknowledgment of paternity
• 20 Days: Time to respond to paternity petition after service
• 300 Days: Marital presumption applies if child born within 300 days of divorce
• No Statute of Limitations: Paternity actions may be brought at any time during child’s minority
DISCLAIMER: This flowchart is for educational purposes only and does not constitute legal advice. Paternity matters involve complex legal issues with significant consequences for parental rights and child support obligations. Always consult with a licensed Florida family law attorney.
© 2026 The Law Offices of Travis R. Walker, P.A. | www.traviswalkerlaw.com
