Disestablishment of Paternity

Disestablishment of Paternity

Posted By R. Gregory Colvin LLC || 26-Apr-2019

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 examination.

Examples of circumstances where in a father may choose to legally disestablish paternity include:

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:

  1. File an affidavit explaining the evidence regarding paternity, utilizing a DNA test or statements made by the mother after establishing paternity.
  2. 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.
  3. 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.

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