Legal Question in Family Law in Florida

paternity not established, biomom trying to adopt out

paternity has yet to be established

for a 4 year old boy; my husband

and the girl were never married, he

is not named on the birth cert. any

time he asked for a DNA test she

refused. she just got married and

wants her husband to adopt the

child. is there a way we can stop the

process before it starts so we can

determine paternity first? we're

worried she may lie about knowing

where he is in order to get her

paperwork through without telling

us. are there reprocussions if she

does this? BTW, she just moved out

of Florida to another state, and we

are military not living in florida

either, but that is where the child

was born.


Asked on 6/21/07, 1:28 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: paternity not established, biomom trying to adopt out

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, an Petition/Action to Determine Paternity (or similar action) will have to be filed in the state where the child resides. Once she moved from Florida with the child, Florida lost jurisdiction over the child.

Scott R. Jay, Esq.

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Answered on 6/21/07, 1:52 am


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