Legal Question in Family Law in Florida
Paternity Fraud..
I'll try to keep it simple as possible.
I was in a relationship with a ex, and she had two children, one is 10 and the other 5. We were not married at any time, and I payed her child-support through-out the time we were not involved, I also signed paternity papers at the time of their births. She was in the middle of trying to get child-support from her ex-husband before us and our oldest was brought up because she was married to him during the child's birth. He of course disputed the fact, and she told them I was the legal father and showed the papers I signed. They then opened a case on me for paternity and child-support. I did not show up for court, because I was unaware paper served to family, did not receive, still my fault I'm awareand therefore the whole case defaulted. The final judgment was 12/06 and been paying since for both. Because of her not telling me about the case, and yet she knew I began to suspect the paternity. I took a at home-paternity test and found out the oldest is not minestill unsure of the youngest.
Because my case defaulted, and the fact I signed acknowledgment papers at time of their birth, is it still possible to disestablish paternity?
Thank you..
2 Answers from Attorneys
Re: Paternity Fraud..
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 nformation, 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, the Florida legislature recently codified Florida Statute 742.18 Disestablishment of paternity or termination of child support
obligation. This statute allows a father to challange a previous order of paternity. The statutes is too long to post here but you must read it carefully in its entirety. It sets forth the steps you must take and the requirments that must be followed to file an action of this nature.
Frankly, based on the seriousness of this matter, you should engage an attorney to represent you and make sure the case is filed and handled properly.
Scott R. Jay, Esq.
Re: Paternity Fraud..
It seems you have grounds to petition to determine paternity given the test results and given that the mother apparently originally misled you in order to have you sign the affidavit without a paternity test.
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