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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