Legal Question in Family Law in Florida

Paternity test

My son was conceived while a seperation. My husband came back home knowing that i was pregnant with another mans child and excepted him as his own after he was born for 6 years. He now wants a paternity test to escape child support. We are divorced now and the divorce papers asked if this child was his and he signed the paper agreeing. My son has his last name and has known him as daddy since birth. Can my ex husband legally change this?


Asked on 4/03/07, 1:45 pm

2 Answers from Attorneys

Re: Paternity test

He can try but given the circumstances you have described here, I would be amazed if he succeeded (if a judge even allowed a paternity test).

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Answered on 4/03/07, 2:59 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Paternity test

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.

Florida recently enacted a statute entitled Disestablishment of Paternity. To disestablish paternity or terminate a child support obligation, the father must file a petition in the circuit court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child.

This is a very serious issue and must be supported by DNA evidence. This is no precedent set yet on what cases will be allowed and under what circumstances a court could disallow a claim. I would strongly suggest you retain a qualified attorney to aid you in defending an action if your former spouse chooses to pursue one.

Scott R. Jay, Esq.

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Answered on 4/04/07, 12:07 am


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