What is a paternity action?

A legal action brought by an unmarried parent (man or woman) who wishes to establish legal rights over their minor child, including rights to timesharing, major decision making, and child support.

Until a paternity action is filed, who decides what happens with my child?

Under Florida law, the Mother is the natural custodian of the child for children born outside of marriage. This means that the Mother decides the timesharing and the major decisions for the child until paternity is established and there is a court order or agreement providing otherwise.

While some parents may informally agree to a timesharing schedule and making decisions for their child, a paternity action is needed to formally establish these rights under the law.

Do I need to establish paternity to receive court-ordered child support?

Yes. A party cannot be ordered to pay child support without legal paternity being established.

What issues are decided in a paternity action?

Will I have to pay child support if I file a paternity action in family court?

Maybe. Child support will be established in a paternity action. The question of who will pay child support depends on the child support calculation. Child support is a formula set forth by Florida law. The formula determines which parent will pay the support and how much support will be paid. Please click here to find out more about how child support is calculated in the State of Florida.

If you are looking to establish paternity or were just served with a paternity action, then Larkin Law can help. Attorney Lexie Larkin has many years of experience successfully resolving and litigating paternity matters in Tampa and the surrounding areas. To learn more about your legal options and how to proceed in your paternity case, schedule a consultation with Attorney Larkin by clicking here.