Florida Paternity Petition: Establish Custody & Support for Unmarried Parents (2026 Guide)

What Is a Paternity Petition in Florida?

Quick Answer: A paternity petition is the legal filing that establishes parental rights, custody, and child support for unmarried parents in Florida. Unlike divorce (which is for married couples), paternity actions determine the legal father-child relationship and establish time-sharing and support obligations.

If you have a child with someone you're not married to, a paternity action is the only way to get legally enforceable custody and support orders.

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Why You Need to File a Paternity Petition

Without a Paternity Order, You Have No Legal Rights

Many unmarried parents don't realize this harsh truth:

For fathers:

• Being on the birth certificate doesn't guarantee custody rights
• You have no legal right to time-sharing without a court order
• The mother can move anywhere with the child
• You cannot make legal decisions for your child

For mothers:

• You cannot enforce child support without a court order
• Verbal agreements are unenforceable
• You have no protection if the father takes the child

What a Paternity Order Provides

A paternity judgment gives you:

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Who Can File a Paternity Petition in Florida?

Either parent can file a paternity petition:

Mothers Can File to:

• Establish child support obligations
• Get a formal custody order
• Protect against unauthorized relocation
• Obtain court-ordered time-sharing

Fathers Can File to:

• Establish legal custody rights
• Get enforceable time-sharing
• Participate in major decisions for their child
• Prevent mother from relocating with child

The State Can Also File

The Florida Department of Revenue can file paternity actions to establish child support when the child receives public assistance.

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What's Included in a Florida Paternity Action?

A paternity case addresses the same issues as a divorce with children:

1. Legal Paternity

Establishes (or disputes) the legal father-child relationship. If paternity is contested, DNA testing can be ordered.

2. Parenting Plan (Custody)

Florida doesn't use the terms "custody" or "visitation." Instead, you'll establish:

• Time-sharing schedule - When the child is with each parent
• Parental responsibility - Shared or sole decision-making
• Holiday and vacation schedules
• Transportation arrangements

3. Child Support

Using Florida's child support guidelines, the court calculates support based on:

• Both parents' incomes
• Time-sharing arrangement
• Health insurance costs
• Childcare expenses
• Other children's support obligations

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How to File a Paternity Petition in Florida

Step 1: Determine Jurisdiction

You can file in Florida if:

• The child has lived in Florida for at least 6 months, OR
• Florida is the child's "home state"

File in the county where:

• The child lives, OR
• The other parent lives

Step 2: Prepare Required Documents

Required filings include:

• Petition to Determine Paternity
• Summons
• UCCJEA Affidavit (Uniform Child Custody Jurisdiction)
• Cover sheet

Step 3: File and Serve

• File the petition with the clerk of court
• Pay the filing fee (~$300)
• Serve the other parent with the summons and petition
• The other parent has 20 days to respond

Step 4: Exchange Financial Information

Both parents must complete and exchange:

• Financial Affidavit
• Mandatory disclosure documents
• Income documentation

Step 5: Resolve or Go to Court

Most paternity cases settle through:

• Direct negotiation
• Mediation (often required by the court)

If you can't agree, the judge will decide at a final hearing.

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Florida Paternity Petition Timeline

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Paternity Petition Costs in Florida

Court Costs

Attorney Fees

Our flat-fee pricing:

• Paternity Petition Package - $595 (includes petition, summons, UCCJEA affidavit, e-filing)

Traditional hourly rates:

• Uncontested paternity: $2,500-$5,000
• Contested paternity: $5,000-$15,000+

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What If the Father Denies Paternity?

If the alleged father disputes that he's the biological parent:

DNA Testing

Either party can request court-ordered DNA testing. The test:

• Is 99.9%+ accurate
• Costs approximately $150-$400
• Results are legally binding

If DNA Confirms Paternity

The case proceeds to establish custody and support.

If DNA Excludes Paternity

The case is dismissed. The alleged father has no rights or obligations.

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Paternity vs. Divorce: Key Differences

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Common Paternity Petition Mistakes

1. Waiting Too Long to File

The longer you wait, the harder it becomes to establish a relationship with your child. Courts consider the status quo when making custody decisions.

2. Relying on Verbal Agreements

"We agreed I'd have weekends" means nothing legally. Get it in writing through a court order.

3. Not Including Detailed Parenting Plan

Vague time-sharing leads to conflict. Be specific about holidays, vacations, communication, and exchanges.

4. Forgetting the UCCJEA Affidavit

This required document establishes jurisdiction and protects against conflicting custody orders in other states.

5. Not Serving Properly

Improper service can delay your case by months. Use a process server or sheriff's office.

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Get Your Paternity Petition Filed Right

At Divorce.law, we handle paternity petitions statewide in Florida:

• $595 flat fee for complete petition package
• Includes petition, summons, UCCJEA affidavit, and e-filing
• 2-3 day turnaround
• No hourly billing surprises

Don't wait to establish your legal rights as a parent.