Tampa Paternity Lawyer
Unlike women, men do not have the luxury of knowing with 100% certainty that when a child is born it is actually theirs. Paternity law in Florida can get a bit tricky, especially when women are involved with multiple men within a relatively short period of time. Wanting to know whether a kid is actually your biological child should be a priority for any man that does not have absolute trust in the mother.
This is very important, especially for a man that decides to marry his pregnant girlfriend in order to “do the right thing” and make an honest woman out of her. The trouble arises in that Florida recognizes both biological and legal fathers. So if an unassuming man marries his pregnant girlfriend, and the baby turns out to not be his, then this guy is still considered the legal father. This could make him liable for child support payments to a child that is not his own.
To avoid being forced to financially support another man's child, it is important to know how paternity is established in Florida and how to disestablish it, if necessary.
Establishing Paternity
Again, Florida recognizes legal and biological fathers. A legal father has the rights and responsibility of the child, including providing for him, while a biological father is the one that actually impregnated the mother. Florida establishes legal paternity in several ways:
- Child is born into a marriage (assumed child is the husband's)
- Upon the child's birth, the father signs a Paternity Acknowledgment form (DH-511)
- Before the child's 18th birthday, the father signs an Acknowledgment of Paternity form (DH-432)
- Administrative order based on genetic testing
- By order of a court
- Legitimation upon marriage of mother and father after the child is born
Keep in mind that the biological father does not necessarily need to be the legal father. In some instances, it may be necessary for a biological father to assert his legal paternity, if he so chooses. (see "Putative Father" below)
Disestablishing Paternity
If a legal father finds out that he is not the biological father, he may want to disestablish paternity so that he is not legally obligated to provide for the needs of the child, such as providing child support. The first step would be to file a petition to disestablish paternity and terminate child support obligations if they have already been ordered.
The petition must include:
- An affidavit explaining that the legal father has learned that he is not the biological father after legal paternity was established. This does not need be based on a genetic test and may include statements by the mother
- Results of an acceptable genetic test. If unable to gain access to the child for a DNA sample, then an affidavit explaining the reasons why
- An affidavit to show that the legal father has substantially complied with any child support orders, and if not, then the reasons why
Once the petition is filed in the appropriate location, which may vary depending on the locations of each party, notice must be given to the mother. In order for a court to disestablish paternity of the legal father and any child support obligations, the court must first determine some of the following:
- The evidence discovered by the legal father that he is not the biological father occurred after he was established as the legal father
- The legal father did not interfere with the biological father's attempt to assert his rights as the legal father
- The legal father had an approved genetic test done demonstrating that he is not the biological father, or attempted to obtain one (the court may then order one)
- Child support payments are current, or have been substantially complied with
- The legal father did not adopt the child
- The child was not born by way of artificial insemination while the legal father was married to the mother
- The child was under the age of 18 on the date the petition was filed
If the above facts are determined to be true, then the judge should order a disestablishment of paternity. However, the petition will be denied if the legal father did any of the following after learning that he is not the biological father:
- Married the mother of the child while known as the reputed father and voluntarily assumed the parental obligation and duty to pay child support;
- Acknowledged his paternity of the child in a sworn statement;
- Consented to be named as the child’s biological father on the child’s birth certificate;
- Voluntarily promised in writing to support the child and was required to support the child based on that promise;
- Received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded; or
- Signed a voluntary acknowledgment of paternity
Putative Father
In some cases an unwed man might believe or know that he is the biological father of a child and will want to establish his paternity. However, this could prove to be an uphill battle if the mother is part of an intact marriage, as Florida law presumes that any child born into an intact marriage is the legitimate child of the husband. As such, the putative father would generally not have standing to try and assert his paternity over his child, even if he has registered with the Florida Putative Father Registry.
In order to overcome this presumption, there must be a clear and compelling reason, based primarily on the child's best interest. For example, if the putative father can demonstrate that he has a substantial concern for the well-being of his illegitimate child and is able and willing to provide support, and the legal father does not and cannot, then he may be able to establish the standing necessary to assert his legal paternity.
Other scenarios where an unwed, putative father may have standing to establish his legal paternity include:
- The marriage is not intact due to the filing of a divorce
- The mother or husband does not object to a biological father's paternity action
- While separated from her husband, the mother allowed the putative father to place his name on the birth certificate and accepted some type of support from him
- The putative father files a paternity action before the child is born
The last example is the easiest way to overcome the presumption that a husband is the legitimate father of a child. If any man believes that he is the biological father to a yet unborn child and he wants to assert his legal paternity, then it is imperative that he does so before the child is born.
If a child has already been born into an intact marriage and you want to try and establish your legal paternity, then the first step should be filing with the Florida Putative Fathers Registry. Then you should contact an attorney to further discuss your options.
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