When a child is born outside of a marriage, the rights and responsibilities of a father are not always automatically recognized by law.  In many cases, paternity needs to be established as the first step on the road to obtaining the responsibility of child support, as well as child custody or child visitation rights.

Florida courts presume legitimacy of a child born during a marriage. If a mother is married at the time of the birth of the child the name of her husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court. When a child is born during a marriage the legal duty to support that child rests with the parties to the marriage. A husband or a wife may contest the legitimacy but must overcome the presumption of legitimacy.

To establish paternity any woman who is pregnant or has a child and any man who has reason to believe that he is the father of a child, may bring proceedings to determine the paternity of the child when paternity has not been established. In any proceeding to establish paternity the court may require the child, mother and alleged father to submit to scientific tests. A determination of paternity for a child out of wedlock requires the father to pay child support, and also gives the father time-sharing rights.

To disestablish paternity, a petition must be served on the other or other legal guardian of the child and must include an affidavit, a sworn statement made by the father, that there is newly discovered evidence to support that he is not the biological father of the child. Along with the affidavit the father must also provide biological testing to support his petition to disestablish his paternal rights.