Establishing Paternity In Florida
Many families today are not considered traditional today. When this becomes important is when you are in the midst of a family law case in which you need the support of an experienced Tampa family lawyer.
Florida law views the party’s marital status at the time of the child’s birth rather than at the time of the conception to evaluate the establishment of paternity. This is true even if the mother had an affair or even if the parties did not know each other at the time of the conception. If both the father and mother can agree on paternity, both parties can sign what’s known as an acknowledgment of paternity. If this has been assigned to you but you believe you are not the father of the child, you’re probably wondering whether or not you can break this legal connection in some way.
Acknowledgment Of Paternity: Timeline
This becomes legally effective 60 days after it is signed and it can only be revoked after that period by showing a fraud, coercion or duress. In the event that both parties don’t agree to paternity, a court action must be filed. If you are not married to the mother of the child and the child is misled is about paternity, you must file an action in court showing that new evidence that you did not have access to the original establishment of paternity has come forward and leads you to believe that you are not the father.
At that point in time, a DNA test must be taken in order to establish that the child is not yours. If for some reason there’s no DNA to take a test and the petitioner can state that, then a court order will demand that a DNA test be taken.
Child support payments must be up to date. If you doubt paternity, it’s not a good idea to discontinue your child support payment, and rather file for the disestablishment of paternity. Instead, you should always keep these payments current until the court can make a final decision. Scheduling a consultation with a knowledgeable Tampa family lawyer can help you to clear up some of the most common issues surrounding paternity today.