Legal Question in Family Law in Florida

Re: Child Praternity

If your daughter was born while you were married to your husband, then she is his daughter as a matter of law. If the Judge entered a final judgment today, then, unfortunately, there is not a whole lot you can do.

If the judge only entered a temporary order, then you should go see an attorney for assistance. But, unless you have a biological father (you need to prove that with a paternity test) who is going to step forward and who has been a part of your daughters life since 2003, then you are facing an uphill battle.

Re: Child Praternity

First, don't violate the judge's order. If the judge's order says that visitation has to begin, it must begin. That's just the way it is.

In the meantime, however, some judges will allow DNA tests even between married couples. You can try to file a motion for paternity (DNA) testing and see if the judge will allow it. Understand what you're up against, though: by law, if a child is born during the marriage, the husband is strongly presumed to be the father, and most judges will not set aside this presumption.