Paternity Actions

Naples, Florida, Paternity Action Attorney

In Florida, both mothers and fathers can file paternity actions. Mothers usually do so because the father is not paying voluntary child support. Many fathers seek to establish paternity because the mother either is not providing visitation or is playing puppet-master with the father over when he can and can't see his child. If you are having issues over child custody or support, we offer a free initial consultation to explain how paternity actions work in Florida.

I have been a lawyer in Southwest Florida for 15 years, and we have extensive experience in criminal and family courts. As a father myself, it makes me mad when mothers play games with fathers over visitation. I also find it objectionable when a noncustodial parent doesn't pay child support as required by Florida law.

The first step in a paternity action is establishing who the biological father of the child is. If this was not recorded at the hospital during delivery, or if a married father seeks to prove or disprove his paternity in court, parentage is determined through a DNA test.

Once legal paternity is established, the father and mother can negotiate a child custody and visitation agreement. In some cases, the mother will have custody and the father will have visitation. For the father, this usually translates into alternating weekends, a weekday, split holidays, and split winter and spring breaks. Under the new law, equitable parenting plans are required.

Child support is governed by Florida statute, and is based on the net income of both parties. Health care and day care expenses will be added to child support payments. Under Florida law, visitation and child support can be modified if there is a significant change in circumstances after your initial order.

If you are considering filing a paternity action to resolve child support or visitation issues, contact us, Collier County family law attorney David T. Agoston.  Se habla español.