Paternity Law

If you’ve ever seen talk shows where they display dramatic reveals of who the real father is, then you know that paternity can be a hotly contested topic. Being a parent comes with many legal rights, as well as obligations. These can include Social Security benefits, time sharing, and being required to pay child support.

In some cases, however, paternity can be improperly identified, resulting in the wrong person becoming financial responsible for a child. For example, if a married woman has a child, Florida law stipulates that her husband’s name will be entered on the birth certificate even if they are not the child’s biological father.

What is Paternity Law?

Fortunately, there is a way to overcome this type of legal error. However, this method is complex by necessity in order to ensure that the legal father is not simply trying to skip out on his obligations to the child. Florida statute 742.18 outlines the procedure used to disestablish paternity. In order to do so, the legal father must first file a petition with the circuit court that has jurisdiction over the child support obligation. This petition must contain three things:

1. An affidavit showing newly discovered evidence pertaining to the child’s paternity
2. The results of scientific tests showing that the legal father is not the biological father
   a. If the legal father does not have access to the child to conduct such testing prior to the petition, then he can file a separate petition requesting the court to order a test
3. An affidavit showing that the petitioner is current on all child support payments, or has at least “substantially” complied with their obligation

Once the petition has been filed, the next step is for the court to grant the petition. Before granting it, the court must find that all seven of the following conditions have been met:

1. There is indeed newly discovered evidence that is relevant to the child’s paternity
2. The scientific test provided was properly conducted
3. The legal father is current on all child support payments, or has at least “substantially” complied with their obligation
4. The legal father has not adopted the child
5. The child was not conceived via artificial insemination while the legal father and mother were married
6. The legal father did not prevent the biological father from asserting his paternal rights
7. The child was younger than eighteen-years-old when the petition was filed

If the court finds that the petition is sufficient, then they can move forward with the disestablishment of paternity. This includes ending the formerly legal father’s obligation toward child support and terminating parental rights, custody, visitation rights. Learn more with Hendry and Parker PA.

Even if the legal father meets all seven conditions that were previously listed, there are still a number of circumstances that might force the court to dismiss the petition. These circumstances would only apply if they occurred after the legal father was already aware that he is not the biological father:

1. The legal father married the child’s mother and voluntarily assumed the parental obligation
2. The legal father acknowledged his paternity in a sworn statement
3. The legal father consented to be named as the biological father on the child’s birth certificate
4. The legal father voluntarily promised, in writing, to support the child
5. The legal father received, and disregarded, written notice from a court or state agency directing him to submit to scientific testing
6. The legal father signed a voluntary acknowledgment of paternity

If you are seeking disestablishment of paternity or facing a situation where someone else is contesting paternity, you will need a seasoned attorney who can help you navigate the complex legal process. Call the experienced family law attorneys at Hendry & Parker, P.A, in downtown Dunedin at (727) 205-5555 today for a free consultation.