Disestablishment of Paternity
Florida Statute 742.18In Florida, disestablishment of paternity is possible if certain circumstances exist. Florida Statute 742.18 is the law that governs disestablishment of paternity in Florida. Among other things, newly found evidence must be discovered as the basis for initiating a Petition for Disestablishment of Paternity. 742.18 Disestablishment of paternity or termination of child support obligation.—(1) This section establishes circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. Specific Circumstances Must ExistIn addition to the discover of newly found evidence, as the basis for a Petition for Disestablishment of Paternity, other specific circumstances must exist. For example, a few of the circumstances that must exist are: the petitioner must not have adopted the child; the petitioner must be current on child support payments; and the petitioner must not have acknowledged his paternity in a sworn statement since discovering evidence that he is not the father. Scientific TestingAnother requirement is that there is scientific testing that excludes the alleged father as the biological father. according to F.S. 742.12(2) the court may: "require the child, mother, and alleged fathers to submit to scientific tests that are generally acceptable within the scientific community to show a probability of paternity." The statute does not specify that a DNA test is required. But, in general, that is what the statute must mean. It also seems reasonable that a scientific test showing that the alleged father is sterile would satisfy the court that he could not be the father. Legal FatherA "rebuttable presumption" is created that a child is, in fact, the biological child, of the husband, married to the child's mother. The husband is the legal father, unless he proves otherwise and disestablishes his paternity. Document Preparation - Request a Quote~800-515-0496 OR 941-237-0951~Or Use the Contact Form BelowWhen you pay for document preparation services you are acknowledging that you have read and agree to the FALDP Disclaimer and Nonlawyer Disclosure displayed elsewhere on this site. Document Preparation Policies:Within 24 hours of ordering your document preparation package we will contact you via phone, email or both. We will set up an appointment convenient with you to begin your documents. During that appointment which may take an hour or more, we will gather all of the information we need from you in order to prepare your documents.After that initial appointment we will deliver your documents to you within one week. If your documents need minor revisions or corrections -- there is no extra charge. When we deliver your documents we also include instructions that explain how to file, and the details or procedure. |
