Disestablishment of Paternity in Florida

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Even after Paternity is established by the court or through a valid marriage, a father has a right to file a Petition to Disestablish Paternity. Upon complete and properly executed motion, the court will undo a paternity finding if:

  • Scientific test proves male petitioner is not the father; and
  • The father petitioner did not adopt the child; and
  • The child is under the age of 18 when the father petitioner asserts his petition to disestablish paternity.

However, the court may deny a petition to disestablish paternity even if the father petitioner is not really the father, if the father petitioner knew he was not the father and married the mother, and:

  • Assumed parental obligations (paid child support); or
  • Acknowledged paternity in a sworn statement; or
  • Consented to be on the child’s birth certificate; or
  • Promised in writing to support the child and was required to support the child based on that promise; or
  • Disregarded notice from a state agency to submit to scientific testing.

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