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?
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).
Re: Paternity test
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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.