Dear Anonymous:
In order to establish parental rights in Florida there must be a Final Judgment of paternity established by the Court. If the other parent is contesting your paternity then it is best to file an action to establish paternity and request that the Court order a paternity test. However, perhaps if you do the home test and show that there is paternity the other parent will agree to same.
Now you could file the action for paternity (and timesharing as they run together) and then see if, in the answer, the other parent admits paternity. If she does, then the test will be unnecessary. If she does not you would have to file a motion with the court for DNA testing, with you bearing the initial cost, subject to reimbursement if you are, in fact, the parent. However, to truly establish a timesharing schedule wtih the child, even if the parties agree, you want to have a court order with the timesharing in it so ithis can be enforced if the other parent fails or refuses to follow it in the future.
I hope this helps.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton/Miami-Dade
954-316-3496/561-962-2785
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.