Every parent has a responsibility to care for their child, but what happens if the father believes he is not the biological parent? The disestablishment of paternity can be complicated, but this blog breaks down the legal procedure in detail.
What is the Disestablishment of Paternity?
Disestablishment of paternity is the legal process of contesting paternity in Florida. If you believe you are not the child’s father, you may be able to contest your paternity. Successfully contesting your paternity revokes the legal parent-child relationship and can remove the alleged father’s financial obligation to the child.
How to Contest Paternity in Florida
To contest paternity in Florida, follow these steps:
- Request a DNA test to establish that you are not the biological father.
- Make sure you are up to date with any child support payments, if applicable.
- File a petition with the court and serve the petition to the mother or guardian and the Florida Department of Revenue.
- Provide the court with supporting documentation.
1. Request a DNA Test
DNA testing can establish whether you are the biological father of your child. The process for requesting a DNA test depends on the details of your case and your circumstances. Before proceeding with this step, you should speak with your attorney to discuss your options.
2. Pay Child Support
If you have been ordered to pay child support, you should be sure that your payments are up to date. Being behind on child support payments could cause damage to your case, so it is critical th you have paid what the court has ordered. Some exceptions do exist, so talk to your attorney to come up with a good strategy.
3. File the Petition
Now that you have the DNA test results that show you are not the child’s biological father and you have ensured you are up to date on your child support, it’s time to file the petition with the court and serve it to the child’s mother and the Florida Department of Revenue. You must file the petition with the court that has jurisdiction over the child support order. If the child and mother live in another state, you can file at the court nearest to you.
4. Provide Supporting Documentation
Along with the petition, you must also provide documentation that supports your claim. Your request to the court must include an affidavit or sworn statement detailing the new information that has cast doubt on the father-child relationship, the results of a scientific test administered in the past 90 days that proves you are not the father, and an affidavit that shows you are up to date on child support payments.
Legal Reasons Supporting Disestablishing Paternity
In Florida, there are a number of legal reasons that may support disestablishing paternity. If the father was not married to the child’s mother when the child was born, he may be able to contest paternity if he can show that:
- he did not know about the child’s existence until after the child’s birth;
- he did not receive notice of a paternity action until after the statute of limitations had expired;
- he is not the child’s biological father; or
- He was coerced into signing a paternity acknowledgment.
If the father was married to the child’s mother at the time of the child’s birth, he may be able to contest paternity if he can show that:
- he did not know about the child’s existence until after the divorce was final;
- he did not receive notice of a paternity action until after the statute of limitations had expired; or
- He is not the child’s biological father.
If you are contesting paternity for any of these reasons, it is important to consult with an experienced attorney who can help you navigate the complex legal process.
Fees, Expenses, and Costs Associated with Contesting Paternity
The costs of contesting paternity in Florida can be significant. In addition to the filing fee for the petition to contest paternity, you may also be responsible for the costs of genetic testing and expert witnesses. However, you may be able to recover these fees if your petition is granted. If you are unable to afford the costs associated with contesting paternity, you may also be able to request a waiver of these fees from the court.
Get in Touch for Advice from an Experienced Family Law Attorney
Have you thought of filing for disestablishment of paternity in Florida? If you need to talk to someone about what you are going through, I am here to help. Get in touch with me today so that we can discuss your situation and devise a plan to move forward.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.