Florida DNA Testing: How to get a Court-Ordered Paternity Test

In Florida family law, there are a host of paternity issues a father could run into. The process of establishing legal rights  is just one of them. A few of the many others may include legal versus biological fatherhood, visitation, and custody rights.

While paternity is automatically established if the parents of the child are married when the child is born, additional steps need to be taken if the parents are unmarried. There are voluntary ways for this to happen, for example when both parents sign a “Voluntary Acknowledgment of Paternity” form, which becomes legally binding after 60 days of signing it.

There are also court-ordered ways of determining paternity. If you need to start a Florida paternity action, the court can mandate testing to secure your legal standing.

Paternity testing in Florida

Paternity disputes can become particularly tense and challenging when allegations about who the father is come into question. Sometimes these allegations are made to initiate child support payments, in which case the Florida Department of Revenue may also get involved with the case. Other times the mother or alleged father may initiate a petition. In any case, the court may order genetic testing to validate paternity.

When the court orders a paternity test, the mother, child, and alleged father must all schedule appointments to have genetic testing performed. The test consists of collecting skin cell samples from inside each person’s cheeks (no bloodwork is necessary). Once the samples have been collected from the parents and child, the samples will be sent to the lab for testing and analysis.

Our Miami paternity attorney explains some more ways paternity can be established in this article.

It may take up to a few weeks for the results to be processed and delivered. While it can be nerve-wracking to wait for your results, understanding who the biological father is (or isn’t) is frequently a critical part of many family law challenges. For help understanding your rights, responsibilities, and decisions regarding establishing paternity in Florida, contact us today at Vasquez de Lara Law Group.

Frequently Asked Questions

How do I get a court-ordered paternity test in Florida?

File a Petition to Determine Paternity in the circuit court. Either parent can file. After the case is opened, the judge can order a court-ordered paternity test under Chapter 742 to definitively establish biological fatherhood.

What happens if someone refuses a court-ordered DNA test?

You cannot refuse a court-ordered test without consequences. Judges can enforce the order and may hold a non-compliant party in contempt of court. Courts also rely on genetic test results in making findings; a high-probability result (95 percent or more) creates a rebuttable presumption of paternity.

How long does the process take, and what does testing involve?

After the petition is filed and the court orders testing, parties receive instructions to provide cheek-swab samples with identification. Timing depends on scheduling and lab turnaround, but the procedural steps are straightforward once the order is entered. If you only need to establish paternity for court-ordered child support, the Florida Department of Revenue (DOR) offers an administrative process that includes genetic testing and issues an administrative order without going to court.

What happens after a positive paternity test?

In a court case, the judge can enter a final judgment establishing paternity and then set parental responsibility, time-sharing, and child support. In a DOR administrative case, DOR can issue an Administrative Order of Paternity and establish support, and it will notify Vital Statistics to add the father’s name to the birth record; parenting issues must still be addressed in court.