Legal Question in Family Law in Florida

I will try to make this short: In April 1999 I found out I was about 3 months pregnant with my son Taylor. I was dating a gentleman named Mark that I met in Feb of 1999 and I explained to Mark that I was 99% sure it was my friend Sean's child and not his. Mark didn't like Sean and told me not to tell him i was pregnant. Mark said he would raise Taylor as his own. Mark went to Dr's appts with me and was telling other people Taylor was his son. My family knew Taylor was not Mark's son and I beleive most of Mark's family knew the truth as well. Taylor was born twords the end of the year. While at the hospital he wanted Taylor to have his last name but I told Mark no that Taylor isn't his son. Taylor has my last name Denton. Now at some point in time while I was in the hospital Mark signed a paternity affidavit saying my son was his. I was pretty drugged up since I had a c-section and I don't remember anything about a paternity affidavit or mention of one. We went on with life while Mark continued to tell everyone Taylor was his son. We split up when Taylor was 3 and Mark on his own he gave me 200 a month for 3 months and visited my son for about 4 months. Then one day Mark stops coming to see Taylor paying what he was calling child support. When my Taylor was 5 I attempted to file for child support from the biological father but was informed that I would have to seek support from the presumtive father (one who signed the affidavit of paternity). I filed pro-se to get child support and Mark asked for a DNA test at the Magestrate hearing and I agreed. I received a letter from the court to go get testing done at a specific office. When I went to the location the office had either moved or closed but wasn't there. I called the testing company and found another location to go to. I called the Case officer of my file and advised the location they sent me to was closed and should I go to the other location. The secretary at the magestrates office said she would inform the magestrate and I should hear something shortly. Two weeks went by and I called again and was told I would hear something soon. Another few weeks went by and when I called they said the file had been closed because there was no DNA submission by either party. I advised I had been calling and the secretary said she was giving the messages to the magestrate but the only thing I could do was file again and start all over if the file was closed. I didn't have the money to do that and Mark basically fell off the face of the earth. I tried to call him but he didn't return my call and he moved. Now 6 years later I was laid off from my job and filed for state assistance and the State filed a motion in court and I was awarded child support 2 days ago. The judge told Mark he could file a motion to Disestablish Paternity and from what I have read on the web he has 60 days from the child support hearing to remove his name from the birth certificate through this motion. I am confused because I was told he only had 60 days from the date he signed the Paternity Affidavit...then because he didn't show for the DNA test in 2004 nor did he file to Disestablish Paternity in 2004 he is in fact now the father even though he is not the biological father or will he still be able to remove his name from the birth certificate after 11 years? I just received a notice of a lawsuit from the father to remove child support and I only have 20 days to answer him. Help!!


Asked on 1/13/11, 4:39 am

1 Answer from Attorneys

Carolyn Jones Law Office of Carolyn R. Jones

You need to contact your local legal aid office and request a consultation.

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Answered on 1/19/11, 11:48 am


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