Disestablishment of Paternity in Florida, the child is not yours

Posted by jjlawfl on May 14th, 2021

Sometimes the hard reality of marriage is there are children born into it that are not the biological children of the father. For those who love and care for that child as their own-it can be the most egregious time one will ever face. Although, the courts do not place complete emphasis on biology, it can be hard for a divorcee to know that a child is not biologically theirs although born at the time of a legal marriage. Disestablishment of Paternity in Florida is a major area of family law.

Florida law guarantees that if a man contests the paternity of his said child, the court will have to provide an inquiry. Unlike establishing paternity, the child just needs to be under the age of eighteen (not 22 years old). Disestablishment of Paternity in Florida is a complex process with certain timelines and requirements.

If a petition is filed, the court will consider and ask several things: if there is any scientific evidence (DNA), whether or not the child was adopted, if the mother was artificially inseminated by the father, or if there was any interference by the mother of the child toward the parental rights of the father. Even though the inquiry may determine that you are not the biological father, it is hard to foresee what types of mental trauma that may be imposed on a child who thinks you are their dad. As such, it is wise to consider what type of relationship you want post-divorce for you and the child. There are several reasons why Disestablishment of Paternity in Florida is potentially burdensome or necessary. An experienced family attorney will be able to guide you through this.


Despite paternity lawyer orlando being challenged, a court can actually deny the Disestablishment of Paternity in Florida under many circumstances. For example, although having knowledge of the illegitimacy of the child being born, the father decides to marry the mother and the child is born while they are married. Additionally, the denial by the court may be based toward if the father previously acknowledged in writing that he is the father. The court typically recognizes this if he has signed the birth certificate or presented a written affidavit. Furthermore, a denial will commonly happen if a father was ordered by a court or state agency to take a paternity test and he denied to do so.

If your Disestablishment of Paternity in Florida is granted and it is found that you are the father, you than again have full legal rights to enjoy your father ship as well as the responsibility to care for your child. Paternity can seem straight forward, but may things happen within. It is important to get with a family attorney to understand your rights and how you can seek an outcome that is just for you.

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Joined: October 30th, 2017
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