QUESTION

DNA was done for my 7 mth old son, boyfriend is not the father, but wants to stay on BC. I need to know which is legal binding doc in case of brk up.

Asked on May 09th, 2020 on Paternity - Florida
More details to this question:
I listed my boyfriend as father on the birth certificate thinking whole heartedly he was the father, but it turns out he is not the father via DNA test (0% probability) he still wants to remain on the birth certificate and wants my son to keep his last name. My concern is if we break up (we're not married) what rights would he have even though he is no blood relation to my son. I'd like to know which document is legally binding? The birth certificate or the DNA test?
Report Abuse

1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
 Technically, in order to legally establish paternity,  one has to file a Petition to Establish Paternity with the court.  If he had filed for paternity and you did not contest it, and nobody had a paterniyt test done, then he would have been established as the father. If you put his name on the birth certificate, but he did not sign it, that does not legally establish him as the father.  Had he signed it there would have been a presumption of paternity, but that could be rebutted with the DNA test in court. Since he has not had a court adjudicate his paternity, he is not seen as the father in the eyes of the law.    So, technically, if you break up, he would not have parental rights,  And if he tried to pursue these rights, the DNA test would show that he was not the biological father.    I hope that helps.  And happy Mother's Day. Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 
Answered on May 09th, 2020 at 10:17 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters