Served with Paternity Papers in Florida? How to Respond (2026 Guide)
What to do when you're served with a paternity petition in Florida. Learn your 20-day deadline, how to file an Answer, and protect your parental rights. $395 flat-fee response.
You've Been Served with a Paternity Petition—Now What?
Critical Deadline: You have 20 days to respond to a paternity petition in Florida. If you don't respond, the court can enter a default judgment granting everything the petitioner asked for—without your input.
This guide explains exactly what to do when you're served with paternity papers, how to protect your rights, and what happens if you don't respond.
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Understanding the Paternity Petition
When you're served, you'll receive:
What the Petitioner Is Asking For
Review the petition carefully. It typically requests:
- Establishment of paternity (legal father-child relationship)
- A specific parenting plan and time-sharing schedule
- Child support based on Florida guidelines
- Decision-making authority (medical, educational, religious)
- Sometimes: attorney's fees, name change, or other relief
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Your 20-Day Deadline Is Serious
What Happens If You Don't Respond
If you fail to file an Answer within 20 days:
How the 20 Days Are Counted
- Day 1 is the day after you're served
- Weekends and holidays count
- If day 20 falls on a weekend/holiday, you have until the next business day
Example: Served on Monday, January 6th → Response due Monday, January 27th (including weekends)
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How to File an Answer to a Paternity Petition
What Is an Answer?
An Answer is your official legal response to the petition. It:
- Admits or denies each allegation in the petition
- Preserves your right to participate in the case
- Prevents default judgment
What to Include in Your Answer
Your Answer should address:
Required Documents
- Answer to Petition to Determine Paternity
- UCCJEA Affidavit (your version)
- E-filing through the Florida Courts E-Filing Portal
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Should You Dispute Paternity?
If you don't believe you're the biological father:
Request DNA Testing
In your Answer, you can:
- Deny paternity
- Request court-ordered DNA testing
- Ask the court to dismiss if DNA excludes you
DNA Testing Process
- Court orders testing
- Both alleged father and child are tested
- Results are 99.9%+ accurate
- Cost: $150-$400
- Results typically back in 1-2 weeks
If You're NOT the Biological Father
If DNA testing excludes you:
- No custody or support obligations
- Case is dismissed
- You may recover testing costs from the petitioner
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What If You Agree You're the Father?
If paternity isn't in question, your Answer should focus on:
The Parenting Plan
Do you agree with the proposed time-sharing? Consider:
- How much time with each parent?
- Holiday and vacation schedules
- Who makes major decisions?
- Transportation for exchanges
Child Support
Florida uses guidelines based on:
- Both parents' incomes
- Overnight time-sharing ratio
- Health insurance costs
- Childcare costs
If you disagree with the proposed support, you can contest the calculations.
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Answer vs. Counterpetition: What's the Difference?
Answer Only
- Responds to the petition
- Admits or denies allegations
- Does not make your own requests
Use when: You generally agree with the petitioner's requests or just need to preserve your rights while negotiating.
Answer + Counterpetition
- Responds to the petition AND
- Makes your own requests for custody, support, etc.
- Puts your position on record
Use when: You want different custody arrangements, time-sharing, or support than proposed.
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Common Mistakes When Responding
1. Missing the Deadline
This is the biggest mistake. Even if you plan to negotiate, file your Answer first to prevent default.
2. Ignoring the Case
Hoping it "goes away" doesn't work. The petitioner will get a default judgment.
3. Filing a Handwritten Response
Florida courts require proper legal formatting and e-filing. Handwritten notes don't count.
4. Not Including UCCJEA Affidavit
This required document establishes jurisdiction. Omitting it can delay your response.
5. Admitting Things You're Unsure About
If you're not 100% certain about an allegation, deny it or state you lack sufficient information. Don't guess.
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Paternity Answer Timeline
| Action | Deadline |
|---|---|
| File Answer | 20 days from service |
| Exchange financial disclosures | 45 days from filing |
| Mediation (if required) | Set by court |
| Final hearing (if needed) | 60-120 days |
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What Happens After You File Your Answer
1. Discovery Phase
Both parties exchange financial information:
- Financial Affidavits
- Tax returns
- Pay stubs
- Bank statements
2. Mediation
Most Florida counties require mediation before trial. A neutral mediator helps you reach agreement.
3. Settlement or Trial
- If you agree: Sign a parenting plan and the court enters a final judgment
- If you can't agree: The judge decides at a final hearing
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Get Your Answer Filed Before It's Too Late
Don't risk a default judgment. At Divorce.law:
- $395 flat fee for complete Answer package
- 24-48 hour turnaround
- E-filed directly with the court
- Statewide Florida service
Your 20 days are counting down. Respond now.
Related Topics
Ready to Take Action?
Based on what you're reading, these services may help:
Paternity Answer
$395Response + E-Filing
Strategy Session
$12530-minute call to assess your situation
Parenting Plan
$395Complete FL parenting plan
All services include attorney review. Court filing fees not included.
Not sure which service you need?
Victoria AI can assess your situation and recommend the right option.
About the Author
Antonio G. Jimenez, Esq.
Florida Bar #21022 · 20+ Years Experience · LL.M. Trial Advocacy
Antonio is the founder of Divorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
Have questions? Ask Victoria AIFrequently Asked Questions
How long do I have to respond to a paternity petition in Florida?
You have 20 calendar days from the date you were served to file an Answer to a paternity petition in Florida. This deadline is strict—if you miss it, the petitioner can request a default judgment, and the court may grant everything they asked for without your input.
What happens if I don't respond to a paternity petition?
If you fail to respond within 20 days, the petitioner can file for default. The court can then enter a judgment establishing paternity, custody, and child support based solely on what the petitioner requested. Setting aside a default judgment is difficult and expensive, so it's critical to respond on time.
Can I dispute paternity if I don't think I'm the father?
Yes. In your Answer, you can deny paternity and request court-ordered DNA testing. The test is 99.9%+ accurate. If DNA testing excludes you as the biological father, the case will be dismissed and you'll have no custody or support obligations.
Do I need a lawyer to respond to a paternity petition?
While you can file a response pro se (without an attorney), having legal help ensures your Answer is properly formatted, e-filed correctly, and preserves all your rights. Our flat-fee Answer package costs $395 and includes everything needed to respond within your deadline.
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