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    • Kenneth E. RhodenKenneth E. Rhoden – Mr. Rhoden has been an attorney practicing in Brevard County since 1986. He has litigated many serious cases including complex divorces and death penalty cases.
    • Michael J. KelleyMichael J. Kelley – Mr. Kelley is an experienced trial attorney with a strong emphasis on Criminal Defense such as DUI, misdemeanors, felonies, VOP, and juvenile cases.
    • Barbara Helm PetersBarbara Helm Peters – Ms. Peters is an experienced trial attorney with an emphasis in Family Law and Criminal Defense. Admitted to the Florida Bar in 1995, she is also a Florida Supreme Court Certified Mediator.  
    • Bonnie Klein RhodenBonnie Klein Rhoden – Ms. Bonnie Rhoden a member of the Florida Bar, practicing elder law, estate planning, incapacity planning, family law, and landlord/tenant law.
    • Emily A OgdenEmily A. Ogden, Esq. – Ms. Ogden works in all areas of Family Law, including Alimony, Child Custody and Support, Paternity, & Adoption. She also handles financial cases such as Bankruptcy and Mortgage Modifications.
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    • Kelly Damerow, Esq.Kelly Damerow, Esq. – Mrs. Damerow is a professional and passionate advocate. She provides a wide range of family law services including divorce child support, alimony, modification, paternity, and domestic violence injunctions.
    • Michel WatsonMichel Watson, Esq. – Ms. Watson is an experienced and detail-oriented attorney. She primarily practices in the areas of family law, debt collection, real estate, dependency, and injunctions.
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    • David Anton GundeDavid Anton Gunde – Mr. Gunde received his Juris Doctorate from the University of Florida in 1987, and admission to the Florida Bar in 1988. He practices Family Law, Civil Litigation, and Criminal Defense.
    • Anthony P. MarioAnthony P. Mario – Mr. Mario founded our firm in Brevard County in 1976. He is retired and is of counsel to the firm. He focused on Family Law, Criminal Defense, and complex Civil Litigation.
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    Home » Family Law » Paternity

    Paternity

    A paternity suit can be filed by the mother, by an expectant mother, by a man claiming to be the biological father, by the child or by the Department of Revenue.

    If the paternity of a child is questioned by the putative father or mother, the court must make certain findings before DNA testing is ordered.  Before an order for testing is issued, it must appear to the judge that the complaint appears to be factually accurate, the suit is brought in good faith, the case will likely be supported by reliable evidence and the child’s best interests will be served.

    Often when a mother or father files a Petition to Determine Paternity, child support and timesharing with the child are addressed. Once paternity is established child support and timesharing are handled in the same way as in a divorce. The parties incomes are used to set a child support amount and the best interest of a child is used to determine timesharing. A father is entitled to the same consideration as a mother and frequently fathers receive substantial or even majority timesharing.

    Under a limited number of circumstances as set out by statute, the Department of Revenue (DOR) is authorized to conduct an administrative hearing to establish paternity and support.  The putative father may receive an order to appear for genetic testing unless he requests an “informal review” with the DOR.  Although these proceedings are labeled “administrative hearings” and appear to be somewhat informal, the DOR’s determination of paternity and support are binding unless the father timely files a request for review of the order in circuit court.  It is in the best interests of the alleged father and even the mother to have the representation of an experienced attorney.

    It is difficult, but certainly not impossible, for a man not married to the mother to prove that a child born to a woman in an intact marriage is his child.  He has the burden of proving all the allegations of his complaint and must be extremely certain that DNA testing will validate him as the biological father.  Even then there are many other facts the Court must consider.

    Call our office for a no-charge consultation with an experienced attorney (321) 631-0506.

    Putative Father Registry

    A putative father who has an interest in establishing and maintaining a parental relationship with a child must take affirmative action to protect his interest.  One of the first acts is to have his name placed on the Putative Father Registry maintained by the state’s Bureau of Vital Statistics.  “A Claim of Paternity may be filed at any time prior to the child’s birth BUT may not be filed after the date a petition for termination of parental rights is filed.” (Source  http://www.floridahealth.gov/certificates-and-registries/certificates/birth/Putative_Father/index.html)  He can take several steps out of court to have himself declared to be the child’s father with or without the mother’s help.  Providing support and doing other things to show he has a bona fide interest in the child will preserve his right to become the legal father.

    Children’s Rights

    The children involved in these cases also have rights in the legal system as well as in the community.   The rights of your child, if born outside of a marriage, are important and you should be familiar with those rights.

    Our attorneys have over 100 years combined experience, call today for your free consultation  (321) 631-0506.

    Related Topics

    1. Children’s Rights
    2. Family Law
    3. Child Custody and Timesharing
    4. Step Parent Adoption In Brevard And Florida
    5. Utilizing Experts in Family Law
    6. Florida Child Support Administrative (Court) Process
    7. What To Do When You Are Sharing Child Custody
    8. Child Support
    9. Temporary Modification of Parental Timesharing Due to Active Military Service
    10. Grandparent Rights to Timesharing

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