Legal Question in Family Law in Florida

I have a 3 year old daughter and I've been married for 3 years. I recently found out through a DNA test that she is not my biological daughter. I am also seeking a divorce and would like to know what steps I can take. Am I able to release my paternal rights even though I signed the birth certificate and I was legally married to her at the time? She admitted to knowing the entire the time. can this be done in conjunction with divorce or does it have to be done before or after?


Asked on 10/19/09, 9:40 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Most judges will allow you to file a count in your divorce (divorces can have multiple counts, just like a criminal case or a regular civil case can have multiple counts) for "disestablishment of paternity." In other words, you're saying you're not the father and shouldn't have to pay support. It's not something you should do on your own, though, so make sure to get a good family law attorney. You risk 15 years worth of child support if you do it incorrectly.

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Answered on 10/19/09, 10:49 am


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