Legal Question in Family Law in Florida
how to answer a child support summons? can i ask for a dna test even though the birth certificate was signed? can i ask for joint custody? do i really need a lawyer?
3 Answers from Attorneys
All of your questions are contingent on your answer to a few questions. First was the Child Support Summons issued by the Department of Revenue? If the answer to that is no, was it done through a Paternity Action? You can only deal with the child support in a case dealing with the Department of Revenue. If it was done within a Paternity action you can ask for visitation and custody. Do you really need a lawyer? It wouldn't hurt since the Department of Revenue is represented by legal counsel.
To clarify what the other lawyer said, in a Department of Revenue case, the only issue that may be dealt with is child support. In a private paternity suit, you may deal with the issues of child support, timeshare (custody and visitation), and any other issue regarding parentage. In either type of case, you are entitled to a DNA test in most circumstances. You should get a lawyer.
Hello: I'll add my opinion...You need to file an answer if you got a Summons that requires an answer and not just a Notice to Appear. You should DENY all paragraphs, Send orig to Clerk of Court with a copy mailed to Plaintiff/Petitioner.
If my office can be of any assistance, give us a call. I have handled hundreds of family law cases over the last 18 yrs. Good luck. Tom Rosenblum