Legal Question in Family Law in Florida
Six months ago my wife received notification (letter) from a woman stating I was the father of her son. She told my wife and I, when she was 3 month pregnant she met and married a man (after the child was born) who said he would raise the child as is own. He signed the birth-certicate with full knowledge knowing he was not the biological father. For the past 5 years he is the only father the child has known. Know the mother is after me for child-support for a child that lives in an a stable family environment and has a legal father. I am not responsible for this child!
I have taken a DNA test and I am the biological father. However, I do not believe I should be forced to pay child support for this child when the child legal father willfully signed the birth certificate knowing the he was not the biological father and has supported the child for the last 5 years!
I have been served and she is seeking child support and another DNA test. What are my chances of getting out of this without have to pay child support and giving up parental rights to child i have never known?
1 Answer from Attorneys
The chances may be good. It depends on what her husband does. He is the legal father, and, assuming he has not legally disestablished paternity, he is responsible for support, not you. If he has disestablished paternity (either through a divorce or through a lawsuit after divorce), you will now become the legal father and you have the right to a parenting plan (for timeshare and "custody") and either you or the mother will likely pay child support to whichever one of you gets "custody."
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