QUESTION

Does a home DNA test suffice for visitation rights or does a DNA test have to be done through the court?

Asked on May 24th, 2021 on Family Law - Florida
More details to this question:
DNA test to prove child is fathers for visitation.
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
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  
Answered on May 25th, 2021 at 7:19 AM

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