Legal Question in Family Law in Florida
Don't want to submit to paternity test
There is this woman claiming to be pregnant with my baby, I am 99% sure it is not mine, that 1% because I was with her. I found out after we had stopped seeing each other. I told her I don't want to be with her and want nothing to do with the baby. She said I was the father but she is going to do everything in her hands so that I have nothing to do with the baby, which makes me doubt if she really thinks I'm the father. Is it possible that I can ask her to submit to a paternity test and if she refuses then she cannot come years after trying to get one.? should I just wait for her to request it, or should I try to pursue it to end this?
2 Answers from Attorneys
Re: Don't want to submit to 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 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. Florida recognizes the right of a man to seek a paterntity test of a child. Further, Florida Statutes 63.054 entitled Actions required by an unmarried biological father to establish parental rights; Florida Putative Father Registry sets forth the required steps to take of a putative father to obtain notice of any potential adoption of that child.
Should the mother come after the father in later years, the father can demand DNA testing at that time.
Scott R. Jay, Esq.
Re: Don't want to submit to paternity test
The burden of proof is on her. If you do not allow your name on the birth certificate as the father (by signing an paternity affidavit), she will have to petition the court to determine paternity. At that time, you can contest the petition. The court will then have to decide whether to force you to take a DNA test or not.
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