My son is two years old and his mother and I were only engaged when he was born. He has my last name he is on my insurance and I am on the Birth Certificate. I am looking into going for full custody and was wondering if the court recognizes the birth certificate as proof of me being the father or do I have to be declared by paterinty test? Florida.

If you are on the because you are the legal father pending a challenge. Not sure about FL law, but if no challenge has been made within a statutory time frame, then you would remain the legal father even if paternity is negative.

Since you will need an attorney to file for full custody, you should ask them what the FL statutes say.

Many states probably follow California's rule, which is this: If an unmarried woman gives birth in a hospital no one can be named as the father on the birth certificate unless the mom and alleged father sign a voluntary declaration of paternity (pop-dec). Therefore, if a name of a dad appears on a because and the mom was unmarried at the time, there is a presumption of sorts that a pop-dec was signed and is on file with the Department of Child Support Services (assuming the child was born before 1995 when pop-dec's started being used).

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Originally Posted by cadillac59

(assuming the child was born before 1995 when pop-dec's started being used).

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Actually pop-decs began being used before 1995. I have a daughter born in 1993 and my husband, fiancée at the time, had to sign a pop-dec.