DNA testing plays an important role in determining paternity. It is often initiated by the Florida government to establish legal paternity in cases where it is unclear who the biological father is, such as when a child is born out of wedlock or there is a dispute regarding the father’s identity. Additionally, DNA testing may be requested by a father who wishes to disestablish paternity, particularly if there are doubts about the biological relationship between him and the child. This process helps ensure that the correct person is identified as the child’s father, which is crucial for determining parental rights, child support obligations, and the child’s well-being.
If you are currently undergoing a paternity case or need guidance regarding DNA testing, contact Bacchus Law Firm today for experienced legal counsel.
Our office is conveniently located at 401 E. Las Olas Blvd. in Ft. Lauderdale, just minutes from the Broward County Central Courthouse. We take cases throughout Miami, West Palm Beach, East Naples, and LaBelle, Florida.
Contact our office at (954) 500-5555 for a no-obligation consultation.
Information Center
- When is Genetic Testing Carried Out in Florida?
- What Does the DNA Testing Process Look Like?
- Failure to Submit to Genetic Testing
- Hire a Lawyer for Paternity Testing in Broward County, FL
When is Genetic Testing Carried Out in Florida?
Paternity DNA testing is usually carried out when the father denies a relationship to a child in a process called “disestablishment of paternity.” This could happen because the mother may have had multiple partners, or it could happen because the father does not want to provide spousal support. In cases where paternity is questioned, either parent or the Florida Department of Revenue (DOR) can request DNA testing to determine the biological father.
DNA testing orders are outlined in Fla. Stat. 409.256:
- The department may commence a paternity proceeding or a paternity and child support proceeding as provided in subsection (4) if:
- The child’s paternity has not been established.
- No one is named as the father on the child’s birth certificate or the person named as the father is the putative father named in an affidavit or a written declaration as provided in subparagraph 5.
- The child’s mother was unmarried when the child was conceived and born.
- The department is providing services under Title IV-D of the Social Security Act.
- The child’s mother or caregiver or a putative father has stated in an affidavit, or in a written declaration as provided in s. 92.525(2), that the putative father is or may be the child’s biological father. The affidavit or written declaration must set forth the factual basis for the allegation of paternity as provided in s. 742.12(2).
What Does the DNA Testing Process Look Like?
The process of establishing paternity through DNA testing in Florida is straightforward and is designed to be minimally invasive. The most common method used is buccal swab testing, which involves taking a sample from the inside of the cheek.
Breakdown of the DNA Testing Timeline:
- Court Order or Agreement: In cases where paternity is in dispute, the court will issue an order for DNA testing, or the parents may voluntarily agree to undergo testing.
- Appointment Scheduling: Once the test has been ordered or agreed upon, an appointment is scheduled for both the child and the alleged father. It is common for the mother to be tested as well, as her genetic sample can help increase the accuracy of the results.
- Collection of Samples: During the appointment, a swab is taken from the inside of the cheek of each individual being tested—typically the child, the alleged father, and sometimes the mother. This buccal swab collects cells that are used to analyze the genetic markers.
- Laboratory Analysis: The collected samples are sent to a laboratory for analysis. The DNA is extracted from the cells, and specific genetic markers are compared between the child and the alleged father. This comparison can determine with 99.9% accuracy whether the alleged father is biologically related to the child.
- Results: Once the analysis is complete, the results are sent to the court or the requesting agency. The results will either confirm or exclude the alleged father as the biological parent.
- Order Establishing Paternity: If the ordered person is found to be the biological father, then the court may publish an order establishing paternity and/or child support.
Failure to Submit to Genetic Testing
If the person ordered to complete genetic testing refuses to do so, the court may take one or more of the following actions:
- Suspend the person’s driver’s license: The court may suspend the driver’s license of the person who refuses to comply with the order.
- Impose an administrative fine of $500: A fine may be imposed as a consequence of failing to comply with the genetic testing order.
- File a petition in circuit court: The court may file a petition to establish paternity, obtain a support order for the child, and seek reimbursement for the cost of genetic testing.
By law, the person ordered to testing may reschedule genetic testing up to 3 times:
- Once without cause prior to the initial test date
- Once with good cause for failing to appear
- Once with good cause while sanctioned under the above penalties (typically as a result of losing one’s license)
Hire a Lawyer for Paternity Testing in Broward County, FL
If you live in Miami, West Palm Beach, East Naples, or LaBelle, Florida, and are attempting to establish (or disestablish) your child’s paternity, call Bacchus Law Firm.
Our attorneys provide experienced hands-on counsel when our clients need it the most. We have represented clients from all walks of life throughout the Miami Metropolitan area. In the past, our clients have had cases in Broward County, Miami-Dade County, Palm Beach County, Hendry County, and Collier County, Florida.
Call (954) 500-5555 now to schedule a one-on-one, no obligations, consultation with our family law attorneys.
