Legal Question in Family Law in Florida

The father of my child is all of a sudden denying that OUR son is his, he randomly made an appointment at some DNA center and emailed me that its next monday. Do i have to bring him in for a DNA test or wait to be court ordered to do so? Hes not on the birth certificate because he didnt show up for the birth of our son, he didnt want to. His wife just recently contacted me. I truly want him to stay away from my son.


Asked on 4/26/12, 6:57 am

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

Technically since you were unmarried and he is not on the birth certificate, this man has no legally enforceable rights or responsibilities as they relate to the child, unless there is a court order declaring him the father (such as from a paternity order). So if you want him to stay away from your son then that shouldn't be a problem.

He may file a petition to disestablish paternity whereby he can have the court order that he is not the father and therefore would not have any rights or responsibilities. It sounds like both you and the father want the same thing: for him to have nothing to do with your son.

Read more
Answered on 4/26/12, 9:16 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida