So let's start with your characterization as the person who took your child as being the "father." If, in fact, you know he is the father, then all the DNA test would do is prove this fact. Under Florida law, until such time as a court adjudicates a man as the father of a child, when the child is born out of wedlock, the putative father is not "legally" the father. As such, you, as mom, have no rights to collect child support for your child and, in the unfortunate event that the "father" dies, your child would not get social security benefits or other rights to inherit from the father.
Back to your question....There is not much you can do once the proverbial horse is out of the barn. However, if this test has come back that this man is, in fact, the biological father, and he is not paying child support, or perhaps not enough child support, then you can now proceed to file a paternity petition to establish support and paternity.
I hope this helps.
Kind regards,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Broward Blvd., Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
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.