Filing for Paternity Action in Fort Myers and Cape Coral, Florida



Paternity law is defined as the legal relationship between a father and his biological child or adopted child. It deals with the obligation of a father to a child and a child to a father. Paternity action, on the other hand, is legal action used to establish parental relationship of a father to a child when the parents are unmarried.

Only a person with standing can file for paternity action. A person with standing includes 4 main parties; a mother, an alleged father, the child, and/or the state.

Although paternity action is done mainly to establish relationship, it can be used for variety of reasons. One possible reason is a father seeking for a custody or visitation rights for his child.  To be awarded with a custody or visitation rights, the alleged father must first prove his relationship with the child to the court. He can submit DNA testing result to confirm his identity as a father.

Second possible reason is a mother seeking for child support. If a mother wishes for a child support, she must prove to the court the legal relationship between the child and his/her alleged father through paternity action. Only then will the court issue a child support.

Third possible reason is for a child seeking parental relationship with his/her father. It is a way to establish a connection with the father.

Another possible reason is for a court seeking reimbursement for public assistance. This is possible when an unwed mother is receiving Medicaid while giving birth. This is done by the state to get a reimbursement of the public assistance they provide for the mother and the child.

Whatever the reason for paternity action, Marquez-Kelly Law knows that in doing so, the child’s interest should be prioritized. Family law attorney Mellany Marquez-Kelly can assist in negotiating this settlement between parents while working for the best interest of the child.

Establishing paternity can help both of the parents and most especially, it is beneficial for the child. A child will have both of his/her parents supporting him/her, morally and financially. The father can get more parenting time or visitation rights, while the mother will have a partner in giving the child financial and moral support.

For paternity action in Fort Myers and Cape Coral, count for Marquez-Kelly Law aggressive counsel. Call us at 239-214-0403.

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