Can You Disestablish Paternity in Florida?

Unfortunately, there are times when a mother is not honest or she is mistaken about the paternity of her child, and tells a man that he is the biological father of her child, when he is not actually the father. He may agree to become the father of the child legally without obtaining a DNA test.

Once a final judgment of paternity is entered, he will be legally obligated to pay child support and support the child in other ways as a result. Furthermore, the father and child will probably develop an emotional attachment to each other.

If the mother later tells him that he is actually not the biological father and he is legally obligated to pay child support, does he have any recourse?

Fortunately, the law in Florida does outline a method for challenging a finding of legal paternity. It is sometimes difficult to do this successfully, though. Below, our Tampa paternity lawyer explains how to reverse these findings.

How to Disestablish Paternity in Florida

To disestablish paternity, the alleged father must file a Petition to Disestablish Paternity with the appropriate court. As part of this filing, the legal father must also include:

• An affidavit outlining that the father has evidence that was discovered after legal paternity was originally established. Statements from the mother or DNA test results are two types of evidence used to disestablish paternity. The evidence could not have been known before paternity was first legally established.
• Results from a DNA test that indicate the man is not likely the biological father of the child, or a statement saying the man could not obtain a DNA sample from the child.
• Child support payment must be current and if payments are past due, the affidavit must provide a reason for this.

When a man has followed proper procedure according to the law, the court may approve the petition for disestablishment of paternity. The court must also find:

• The alleged father has not legally adopted the child.
• The mother did not use artificial insemination to conceive the child while she and the alleged father were married.
• The alleged father did not prevent the biological father from exercising his rights.
• The child was younger than 18 years old when the petition for disestablishment was filed.

When Will the Court Deny Petitions to Disestablish Paternity?

 The court will not always approve petitions for disestablishing paternity. The courts may deny a petition in the following instances:

• The legal father married the mother of the child and represented himself as the biological father to others.
• The legal father signed a sworn statement stating he was the biological father.
• The legal father allowed his name to appear as the biological father on the birth certificate of the child.
• The man signed a voluntary acknowledgement of paternity.
• The man disregarded or ignored a notice from a state agency or the court asking him for a genetic test.

Our Paternity Lawyer in Tampa Can Help with Your Case

It is possible to disestablish paternity in Florida, but it is not easy. At All Family Law Group, P.A., our Tampa paternity lawyer will guide you through the process so you have the best chance of a successful outcome. Call us now at 813-672-1900 or contact us online to request a free consultation and to learn more about how we can help.  Se habla Español.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/0742.html