Florida Paternity Laws and Fatherly Obligations
There are certain unfortunate circumstances that effect paternity of children
and how a father handles a divorce or separation from a mother. If you
have reason to believe that you are not the father of a child, or that
you should not have to support a child, then disestablishing paternity
may be the option for you. Disestablishment of paternity, or termination
of child support obligation, occurs when specific circumstances make it
so that a male is no longer financially responsible for a child when he
is not the biological father, as determined through court affidavit and
Examples of circumstances where in a father may choose to legally disestablish
A married couple learns that the wife is pregnant, and they have a baby.
Unfortunately, the couple’s marriage ends a few years after the
child is born, and the husband figures out that his wife cheated while
they were together, and that the child is not actually his. He can dispute
the paternity in this case and potentially, disestablish paternity.
An unmarried couple conceives and has a child together, later splitting
up. The mother marries, and the new father assumes responsibility for
the child. Unfortunately, the relationship turns sour and they divorce,
but the legal father fights the child support due to the circumstances
of the divorce.
Steps to Disestablish Paternity
To disestablish paternity and terminate financial obligations to a child,
the father must petition the court through affidavit in the following steps:
- File an affidavit explaining the evidence regarding paternity, utilizing
a DNA test or statements made by the mother after establishing paternity.
- Obtain DNA test with results that prove that the legal father is not the
biological father, which may be court ordered, unless the child provided
DNA is unattainable, in which case the court can order the DNA test directly
from the mother.
- Make sure that you are paying child support until the court decides. Child
support payments must be up to date in order to file for disestablishment.
The court will examine the affidavit and evidence and determine whether
to grant disestablishment depending on specific circumstances including
if the legal father has not adopted the child, if the child was not conceived
between the legal mother and father through artificial insemination, if
the legal father did not inhibit the biological father from taking care
of the child, and the age of the child when the petition of disestablishment
is filed. Depending on how these specific apply to your situation, your
petition will be granted or denied.
Don’t Risk Your Financial Future. Call Our Team: (407) 603-3460
Your safest bet is to enlist the help of a
paternity dispute attorney who understands Florida paternity law and who has experience
with paternity cases. Why risk the outcome of a dispute to being unprepared
or because you are unsure of what to do? Let our
paternity lawyer at R. Gregory Colvin, LLC help you with your paternity dispute. He can
work with you to prepare your affidavit, to gather evidence in support
of your case, and to represent you in court so you don’t have to
stand alone. Our team will fight for you, so you are not held responsible
for circumstances that are out of your control.
Contact our team
at (407) 603-3460.