Legal Definitions - paternity suit

A paternity suit is a legal case that determines the identity of the father of a child, especially if the child was born outside of marriage. The lawsuit can be initiated by either the mother or the father. The mother may file a paternity suit to seek child support, while the father may file a paternity suit to establish his paternity if the mother is denying it. The court usually resolves such cases by conducting genetic testing to determine the probability of paternity.

Florida’s Domestic Relations Code § 742.12 states that in any proceeding to establish paternity, the court may require the child, mother, and alleged fathers to undergo scientific tests that are generally acceptable within the scientific community to show a probability of paternity. Once paternity is established, the father may petition for the rights and obligations of parenthood, including the duty to support the child and the right to petition for custody or visitation.

For instance, if a woman gives birth to a child and is unsure who the father is, she may file a paternity suit to determine the identity of the father and seek child support. Similarly, if a man believes he is the father of a child but the mother is denying his paternity, he may file a paternity suit to establish his paternity and claim his rights and obligations as a parent.

The examples illustrate how a paternity suit is used to determine the identity of the father of a child and establish the rights and obligations of parenthood. The court uses scientific tests to determine the probability of paternity, and once paternity is established, the father can claim his rights and obligations as a parent.