Do you want to fight for custody for a child you believe is yours? Are you looking to establish paternal rights in order to gain child support compensation? Paternity cases, which can be handled by a family law practice in Orlando, are commonly done in order to establish legal fatherhood of a child. These cases can be brought into the court by the mother or the father, and they may be necessary for a variety of reasons. There are a few facts you should know about paternity cases.
One fact about paternity cases is that a few different parties have the right to file them. The mother, father, or the Department of Human Services may bring about the case if they wish to help the child by establishing proof of father in some way. This can be in order to gain child support assistance or even child custody. This can also be to remove the child from one parent's care if they believe to be in an unsafe environment.
DNA testing is the main way the courts will prove paternity. A court order will be issued requiring a DNA test or a buccal swap test. Both the child and the presumed father will be required to go to the lab to provide these samples, which will be issued in about 4 to 6 weeks. These DNA results are highly accurate. If the test results come back positive, they prove the man is the father. If they are negative, the case will be dismissed.
Once a paternity case is completed and the father is proven, a child support case can then be filed. If the parties agree to terms in negotiations, the case may never need to see a court room. The Family Support Division will work with the family to determine child support using the Child Support Formula. After a scenario is decided upon, the courts will file an Order that will be mailed to each of the parties. This agreement can then be monitored and enforced by the courts that issued them in order to hold each of the parties responsible.
These are just a few of the facts that everyone should know about paternity cases before you embark on this journey. When you are looking to establish proof of the father in order to gain child support, fight for child custody, or help the child in some way, you may want to get a paternity case started. Paternity cases are handled by a family law practice in Orlando who specializes in family matters. Contact our expert family lawyers to schedule a consultation and get started today.