Asked and Answered
~ Disestablishment of Paternity~

Disestablishment of Paternity of "legal father"

(Leesburg)

Hi, I need to find out about how to disestablish paternity of a legal father. My boyfriend is the "legal" father of his ex wife's new baby. He is not the biological father and everyone knows it, but somehow for some reason he has been sued for child support. HELP!

Answer:
There is a specific process to disestablish paternity. Your boyfriend may or may not need to have a DNA test. If his wife agrees that he is not the daddy, that may be all that it takes. On the Order to Disestablish Paternity there is a list of circumstances that must exist to be able to disestablish. There is more information on our site on the page titled "Disestablishment" under the blue heading - Family.

Disestablish Paternity - Sworn Petition

(Osceola County)

How do I type a sworn petition to disestablish paternity? What needs to be included in that petition? I asked the Department of Revenue attorney after the hearing and she didn't really tell me. I need to find out. The judge told me that's what I need to do.

Answer:
The forms for Disestablishment of Paternity are Florida Supreme Court approved forms. They can be downloaded for free on their site, www.flcourts.org. The process is fairly straightforward, and very specific. You do not need to "write" the petition yourself at all, it is a fill in the blank form. Read the Order for Disestablishment of Paternity before you begin. The Order illustrates most clearly the exact circumstances that must be present for paternity to be disestablished.

FALDP staff also prepares documents for disestablishment of paternity in-house. Please contact us directly and we'll be happy to help. If you prefer face to face assistance, we can refer you to one of our members in your area that can help.

Question: I signed the birth certificate and now the baby is not mine in Florida ...

What do I do? I feel like such an idiot, I should have known, but I didn't. I've been taking care of this baby since he was born, my girlfriend finally confessed that he's not mine. I had heard it a few times, but she always denied it. Then one of her ex friends told me the whole story. That my ex knew the whole time the baby wasn't mine, but she just said it was mine because I have a steady job.

Answer:

It's not your fault, so don't beat yourself up. Your girlfriend lied to you. Florida has a process to disestablish paternity in the Florida Statutes. The process is very specific, and the easiest way to understand the steps you must take is to read the statutes, forms, and instructions. Pay close attention to the information in the proposed Order for Disestablishment of Paternity. There is a long list of facts and circumstances which must be present in order for your petition for disestablishment to be awarded.

The forms are available of the Florida Supreme Court's site - www.flcourts.org.  Please visit the page on our site about Disestablishment of Paternity  if you need document preparation assistance, and/or more information.

Disestablish Paternity - Definition

What is the disestablishing of paternity? I'm in Palm Beach county?

Answer:

Disestablishment of paternity is a legal proceeding to formally and legally establish that someone is not the father of a child. The proceedings are based on Florida Statute 742.18. The law is very specific as to the way this must be done, and who qualifies to disestablish paternity. The following are excerpts from that statute:

"a) An affidavit executed by the petitioner that newly discovered evidence ...

(b) The results of scientific tests that are generally acceptable ...

c) An affidavit executed by the petitioner stating that the petitioner is current on all child support..."

If you are paying child support and believe that the child is not yours, you may be able to disestablish your paternity. Please contact us, www.faldp.org if you need legal document preparation. We do not provide legal advice, only legal information and document preparation.

Question: Filing for Divorce while in prison - wife is pregnant by someone else

(Florida)

We have been advised to file a Dissolution of Marriage with dependent or minor children because the wife (respondent) is currently pregnant. The unborn child is not common to the husband because he's been in prison for the last few years.

Are the forms for child custody, child support, parent planning, and etc. needed for this case?

Answer: Maybe I can help ... 

by: Anonymous 

Oh my gosh, you have quite the situation on your hands. Maybe it is correct to use the divorce with children process ? but I wouldn't. If it were me, I would break the rules and suffer through the clerks dirty looks. 

From what I understand, a child born during a marriage is presumed to be the father's child.I know it seems crazy, since this presumed father could not possibly be the biological father. 

I don't know who advised you, but I would not take that advice. I would file for a divorce with no children and no property; and say that the wife is pregnant, but the parties agree that the child is not of the marriage. And I would also state the specifics, the husband is in prison, and for how long, etc.

So, no it does not make sense to me to include the forms for child custody, child support, parenting plan, etc. The last thing that needs to happen is for someone from Child Support Enforcement to pursue child support, from the man who is not the father; just because they see paperwork for a divorce with a child.

I'm not an attorney, these are just my thoughts and suggestions.

Question: Father wants to give up parentals to me but courts said no way

(Daytona Beach, FL Volusia)

The father of my daughter wants to sign away his parental rights for our daughter, because he can no longer pay for child support for our child. He has only spent thirty minutes with her in seven years. He has gotten remarried for the second time and his wife has children children of her own, so therefore he can support both families, He leaves in another state and said if I have to keep paying child support then I want visitation with her to save himself money for the month he has her. We both argee with him signing up his parental rights and did go to court for it, but the courts are telling us the only way to do this is to have another person adopt our child (like my family member). My bother is willing to adopt my daughter. Is this the only way to handle things?

Answer: Termination of Parental Rights OR Adoption 

I know, at first, it does not seem to make sense, but this is the policy of the state of Florida. People are not allowed to voluntarily terminate their parental rights, unless there is an adoption pending. Sad to say, people would be terminating their parental rights right and left if they were allowed to. And from the state of Florida's point of view - what if the father who has no relationship with the child and no interests suddenly wins the lottery? The state of Florida wants the child to be first in line for the money.

Disestablish Paternity

(Osceola County)

How do I type a sworn petition to disestablish paternity? What needs to be included in that petition? I asked the Department of Revenue attorney after the hearing and she didn't really tell me. I need to find out. The judge told me that's what I need to do

Answer - Disestablishment of Paternity - Supreme Court approved forms 


Dear Osceola County,
The forms for Disestablishment of Paternity are Florida Supreme Court approved forms. They can be downloaded for free on their site, www.flcourts.org. The process is fairly straightforward, and very specific. You do not need to "write" the petition yourself at all, it is a fill in the blank form. Read the Order for Disestablishment of Paternity before you begin. The Order illustrates most clearly the exact circumstances that must be present for paternity to be disestablished.

FALDP staff also prepares documents for disestablishment of paternity in-house. Please contact us directly and we'll be happy to help. If you prefer face to face assistance, we can refer you to one of our members in your area that can help.

Disestablish Paternity

What is the disestablishing of paternity? I'm in Palm Beach county?

Answer - Disestablish 
by: Staff FALDP 

Disestablishment of paternity is a legal proceeding to formally and legally establish that someone is not the father of a child. The proceedings are based on Florida Statute 742.18. The law is very specific as to the way this must be done, and who qualifies to disestablish paternity. The following are excerpts from that statute:

"a) An affidavit executed by the petitioner that newly discovered evidence ...

(b) The results of scientific tests that are generally acceptable ...

c) An affidavit executed by the petitioner stating that the petitioner is current on all child support..."

If you are paying child support and believe that the child is not yours, you may be able to disestablish your paternity. Please contact us, www.faldp.org if you need legal document preparation. We do not provide legal advice, only legal information and document preparation.

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