Legal Question in Family Law in Florida

Suddenly Not the Father

My brother has just recently been notified that the child he has known, and paid child support for 6 years is not his. The mother is refusing to furnish the paternity test, and has already taken action to get his name off the birth certificate. She explained that her attorney said that he is not entitled to that money he has been paying for 6 years because he was ''the dumb ass that signed the birth certificate.'' He would like to get that money and put it in a savings account for when his son reaches the age of majority. She is not letting him have any contact with the child. What are his available recourses?

Thank you in advance.


Asked on 10/10/06, 3:22 pm

1 Answer from Attorneys
Sharon Pettway Law Office of Sharon T. Pettway, P.A.

Re: Suddenly Not the Father

In Florida, there is probably an order of paternity establishing him as the father, in addition to, the order for child support. If there is an actual child support order then he has been determined to be the father and he is entitled to visitation whether he is biologically or not. He needs to pursue visitation through the courts and may want to get an attorney, especially since she already has one.

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Answered on 10/11/06, 1:26 pm


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