Legal Question in Family Law in Florida

Can a father deny child years after he claimed responsibilty?

My ex is possibly not the father of our 7 year old son. He knew this however. And at the time he knew this he was very adament about our son being HIS. Meaning regardless of who his biological father may be he was HIS son. I told him from that point 7 years ago... that I did not want him to say that then and then years down the road turn around and deny him. The years following he was definitely a father to him, financially emotionally and physically. He was very possessive over no one else being called dad even after our split up. Well he has not paid child support in two years for either of our children and has not visited them either in about 2-3 months. Now that I have a support order opened up against him he is denying paternity. I am a bit lost here. Not sure if the fact that he had agreed to being our son's father even while knowing he may not be will hold up at all in court. I am more so at a loss because now my 7 year old may be without the only father he has ever known (and this was do to the fact that my ex did not want anyone else claiming our son). He also claimed our son on tax returns, signed his birth certificate and gave him his last name. Is there anything I can do on my end to prepare for my court date?


Asked on 9/04/08, 9:55 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Can a father deny child years after he claimed responsibilty?

You did not indicate whether you were married to your "ex" at the time of the pregnancy and birth of your son. In Florida, the presumption is that a child born in a marriage is the child of both spouses. In that case he can not deny paternity.

If you were not married then things get a bit more complicated. A matter of this magnitude and complexity will be difficult for you to tackle by yourself. You should consult and hire an attorney immediately to help you. If you truly can not afford an attorney, there may be resources/programs available to you. Check with the Orlando Bar Association or women's groups in the area. You may also contact the local law school to see if they have any legal clinics to assist people in your situation.

Read more
Answered on 9/04/08, 10:14 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida