Fla. Stat. Ch. 742

Establishing Paternity

When parents aren’t married, the father has no automatic legal rights in Florida until paternity is established. Here is what that process unlocks — for both parents and the child.

Attorney-Reviewed Statute Resource
Reviewed by Joseph Grant, Family Law Attorney (Fla. Bar #97315). Last reviewed: June 2026

Why Paternity Matters

When a child is born to unmarried parents, Florida law does not automatically give the father legal rights. Chapter 742 provides the process to establish paternity — which is what opens the door to time-sharing, parental responsibility, and child support.

The Governing Statute
Fla. Stat. § 742.10 — Determination of Paternity
"This chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock [and the establishment of related support and time-sharing]."
Read the full statute on Online Sunshine →

Establishing paternity benefits everyone: the child gains support and access to benefits and medical history; the father gains enforceable time-sharing rights; the mother gains a support obligation from the other parent.

How It’s Established

Paths to Establishing Paternity
Voluntary acknowledgment signed by both parents.

Marriage to the mother in certain circumstances.

Court order, often with DNA testing, in a paternity action.

Administrative process through the Department of Revenue for support.

Importantly, establishing paternity for support does not by itself set a time-sharing schedule — a father usually must also obtain a parenting plan through the court to secure his time with the child.

Frequently Asked Questions

Does an unmarried father have rights in Florida?
Not automatically. Until paternity is legally established under Chapter 742, an unmarried father has no enforceable right to time-sharing or decision-making. Establishing paternity is the necessary first step to secure those rights.
How do you establish paternity in Florida?
Through a voluntary acknowledgment signed by both parents, by operation of law in certain marriages, or by court order (often involving DNA testing) in a paternity action. Support can also be established administratively through the Department of Revenue.
Does establishing paternity give a father time-sharing in Florida?
Not by itself. Establishing paternity for support does not automatically set a time-sharing schedule. To secure time with the child, the father typically must also obtain a parenting plan through the court.

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This page summarizes Fla. Stat. § 742.10 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.