Legal Question in Family Law in Florida

I know I am the father of a baby, the mother was still married at birth and finished her divorce 3 days later. After months of saying I am the father she now says the ex is the father. I am not 100% sure but I think she put his name on the birth certificate for our son, since we are in differnt states at the moment all the information I get is from her. She says she does not want me involved any more and has no intention of having a paternity test. If they were still married and he is on the birth certifcate what do I have to do to force a paternity test? How much will it cost and is there any legal aid I can get to help with the cost of the court fees. I live in california right now but the child was born and is in florida, same with their marriage and divorce.


Asked on 8/29/09, 2:48 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

You have to file a Petition for Paternity in Florida to force her to take a DNA test. You will likely be awarded visitation and she'll get support, or you'll get custody depending on the facts of your case. You can petition the court clerk to allow you to make payment on the court costs, which will be about $308, plus you'll have to pay for a summons and have to pay to have her served with your petition. Most judges will allow the cost of the DNA test (anywhere from $400 to $900) to be split between you. I doubt that you can get legal aid, but you could apply for it in the county where your case will be filed.

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Answered on 8/29/09, 3:07 pm


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