Legal Question in Family Law in Florida

I had an affair with a married woman in Florida which resulted in a child 13 years ago, but paternity has never been proven, yet for the first 3 years after the child's birth, I was constantly being told that I may be the father of the child. I lost track of the mother for the last 10 years due to her efforts, but have since found her through Facebook and the confusion has began again. Her husband thinks that the child is his, so he is unaware of the game being played by the mother of the child. Do I have any rights to sue for a paternity DNA test to determine if I may be the biological father, since the mother does not want one taken, but keeps me confused about the paternity?


Asked on 9/25/09, 3:33 pm

1 Answer from Attorneys

James Hart The Hart Law Firm, P.A.

If she was married for at least nine months at the time the baby was born, than the husband is the father as a matter of law. Florida courts are going to look at what is in the best interests of the child. With all due respect, you are not it. At best, you are going to ruin a potentially happy family. At worst, you will ruin this family and be on the hook for several years of back child support that will continue until the child is 18. Don't be selfish. Let it go.

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Answered on 9/25/09, 10:54 pm


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