Paternity Legal Questions

Dear Ms. Duncan:   Prioer to July, 2023, typically when  child support is ordered through the Department of Revenue as the petitioner, the order did not confer upon the father the rights of  shared parental responsibilityand the right to access records of the child. However, as of July, 2023, under Florida Statute 742.10, if paternity is adjudicated by the Department of Revenue per Florida Statute 409.256, (which appears to be the case) then a father who has established paternity under  742.10 is " the natural guardian[s] of the child and [are] entitled and subject to the rights and responsibilities of parent[s]. Accordingly, father should contact the providers he seeks the records from, provide the order where he is deemed the father (as well as the birth certificate if available) and request the records.  If the provider declines to produce these records, then he can cite the above statute to them.  Hopefully, this will be enough and he will be given access to the requested records. Best of luck, Cindy S. Vova, Esquire Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade:  954-316-3496 Boca Raton/Palm Beach: 561-962-2785     ... Read More

Dear Mr. Summerlin:    Under Florida law, if you signed an affidavit of voluntary acknowledgment of paternity then there is a rebuttable presumption you are the father of the child.  This voluntary acknowledgment is different from the birth certificate so I would check to see if you actually signed that document, because if you did not, then no paternity has actually been established and you can challenge that.  If the Department of Revene cannot produce the voluntary acknowledgment you should  ask the Court to have a paternity/blood test to show that you are not the child's father. As to the acknowledgmentm there is an automatic 60 day period from signing the voluntary acknowledgment  when it can be revoked.   After that period of time the court may only allow a collateral challenge to the acknowledgment of paternity based on fraud, duress or marterial mistake of fact.   You would have to bring that challenge before the Court, if there was in fact fraud, duress or a material mistake of fact, which you would have to prove.   Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-926-2785    ... Read More

Good morning, you can do the paternity test whenever you want. I don't know how accurate are the tests before the child is born. It is my opinion that you will not be able to force mother to do the test before the birth if she does not want to. After all, there is no child yet and there may never be a child.... Read More

Yes. The father has a right to a paternity test. There is a statute that allows him to be tested under a court order if he has reason to believe he is not the father. He can do this even though he signed the papers saying he is the father. He has to file a petition, though, so if he hasn't done that, he might not be serious about the paternity test. Either of you can get paternity testing without a court order.... Read More

The short answer is, no. You will have to wait until your child is born to bring the paternity action. Under Louisiana Civil Code Art. 193, the time period for filing a paternity action is within two years from the day of the birth of the child. As for how paternity would be determined, it depends upon whether or not you and your ex were married. Under Louisiana law, paternity is legally presumed for a child born during a marriage or within three hundred days from the date of the termination of the marriage. Otherwise, paternity can also be established if your ex were to execute a formal acknowledgement of paternity, (signing of the birth certificate is no longer a valid means of establishing paternity in Louisiana), or a court may order the necessary paternity tests and issue a judgment of paternity. If you have any further questions or would like to set up a free consultation to discuss your matter further, please feel free to contact my office at (337)237-0492 and set up an appointment.... Read More

Im terribly sorry for your loss and cannot imagine the pain you are currently experiencing but this is not a family law isssue. If you are looking for a lawyer to help determine if the medical facility / staff were responsible for this setting, you need to meet with a "certifiied civil trial lawyer by the NJ Supreme Court" - that is the term you want to use in your search. A certified civil trial lawyer is someone who has a specific amount of trial experience under his / her belt in civil litigation matters and is in a better position to help you moving forward to determine if there is liability instead of a general lawyer telling you what you want to hear and then not knowing how to proceed and / or then passing you on to a different lawyer and collecting a fee for the referral. ... Read More

 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 ... Read More

The man who thinks he may be the father may request that the court order paternity testing if the man files a suit to establish the parent-child relationship.  If there is no presumed, acknowledged or adjudicated father then there is no time limit on the man filing a suit to establish the parent-child relationship.  The term "presumed" father is one who was married to the mother at the time the child was born or was married to the mother while she was pregnant.  The term may apply to other situations as well that are stated in the Family Code.  From your description, there is no father on the birth certificate and your wife was not married to the father of the child or to any other person before she married you.  My conclusion is, therefore, that there is no time limit past the child's birth on a man bringing a suit to establish paternity. Your wife does not have to cooperate with the man who is alleging paternity.  If he is serious about this he will bring a suit in Texas in the county in which you live and will have your wife served with the suit.  Then she will need to participate in the suit.... Read More

Having practiced family law in this state for the past 34 years, I can tell you that I have seen too many "murphy's stories" to simply tell you to change the birth certificate to identify your significant other as her father. Someone else may tell you that it is the easiest and cheapest way to go in this setting, but the risk is that one day, someone comes out of the blue, claiming to be her biological father and seeks an order of the court for a determination of parentage and visitation. Yes, I have seen those settings and they can be very stressful. The best way to handle this issue is to formally file an application with the court to permit your signficant other to adopt your daughter. To do so though, will require you to provide notice to the person[s] you belevie may have been the biological father so that his rights can formally be terminated. If you know who is the biological father, you can ask him to sign the paperwork in advance permitting the termination of his parental rights and as part of that same proceeding, ask that your signficant other be permitted to adopt your daughter.  I cant tell you that you need to handle it formally but if you have any fear that someone may assert any claim to be her biological father in the future, the best way to handle it is to have his rights terminated once and for all. ... Read More

Dear Anonymous:      You have some interesting legal issues.  First, I am not sure how your husband at the time was not named on the birth certificate.  Even though you know he was not the bio dad, under Florida law there is a presumption that the husband's name be placed on the birth certificate.  So, since you said  no father was named, when you divorced, how did your divorce decree address this child?  Or was the child not mentioned in the divorce? Again, so assuming the child was not mentioned in the divorce, besides some issues  about the vaildity of same, now that you want your fiance to become the father, you would have to go through a stepparent adoption procedure.  Of course, that would entail getting married first.  Then, as a step parent to your child, and since  you are stating the true father is "unknown"  it is not a complicated process to file for a stepparent adoption.  However, if you do know who the true father is, that person has to be given notice of the pending intent to adopt because the bio dad's rights have to be terminated first. Because your situation involves a bit of a tangled web, you  could go this on your own, but speaking with a family law attorney first might help you get through this process correctly and with greater ease.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 ... Read More

   You will need to file an action to disestablish paternity.  However, to do s requires strict compliance with Florida Statute 742.18.   You mus allege via a sworn statement that newly discovered evidence has been revealed since you signed the birth certificate.  For example, you were tricked into signing the birth certificate. Even still, a court may deny the disestablishment because you signed the birth certificate.  This is definitely a tricky area where  an attorney can help.   Good luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read More

  Sorry for your predicament.  This is a tricky area.  Although the woman has another man's name on the birth certificate, that does not definitively establish that he is the father.  She could have filled in his name herself without his consent.  Even then, the birth certificate alone creates a presumption of paternity, not a definite establishment of the fact.  And, at this point, you do not know what has and has not been actually done in the ensuing years since the child's birth.   As to your obligation if paternity is pursued (and with it child support), typically  you can request that there be a paternity test as  you absolutely should.  At most you would be responsible for 24 months of retroactive support from the time a paternity action is filed if the child is yours.    However, if you are receiving letters from the Department of Revenue rather that being served with papers by a process server from  the circuit court that is another rabbit hole you don't want to go down.  MAKE SURE IF YOU'VE RECEIVED ANYTHING THAT YOU COMPLY WITH ANY DEADLINES IN THE LETTER TO OBJECT AND IF YOU'VE BEEN SERVED WITH COURT PAPERS FROM A PROCESS SERVER THAT YOU DO SOMETHING BEFORE THE 20 DAYS EXPIRES.   Since this is a bit complicated, it would definitely serve you well to consult with an attorney near where you live.  The consequences of not making the right move could obligate you to pay for a child that is not yours (maybe) and even if the child is yours, paying does not give you a right to start a relationship with the child absent filing the proper papers to do so (whcih, for all intents and purposes cannot be done in an administrative proceeding)   I hope this helps send you in the right direction.   Best regards, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785         ... Read More

Since the child was placed with you through DCF, he can request a DNA test, unless he previously acknowledged paternity and was adjudicated to be the legal father of the child.  He can still obtain a DNA test, but he may need to pay for the test and if the test confirms paternity then no further action will be needed.  If the DNA test indicates that he is not the father then he will need to de-establish paternity and then it is likely the child will be removed from your home and placed in foster care while DCF attempts to locate the biological father.  I would recommend that your son ask for a paternity test in the DCF case first and then go from there. ... Read More

The first thing that needs to be done is a DNA test. The attorney general may pay for it, but your boyfriend needs to be prepared to pay. If the child is his, he will have a standard possession order for over 100 miles and he will pay standard child support. You can find more information out about those issues on the attorney general's website: https://www.texasattorneygeneral.gov/child-support... Read More

This is a frustrating situation for you at this time.  If you are paying child support then there has to be a Department of Revenue case in Florida.  I am not sure what number you have been attempting to call, but I would recommend contacting 850-488-5437 or you may attempt to contact the Florida Disbursement Unit, which collects the monies and sends to the receiving parent, but you will need a case number to provide to them for reference.  1-877-769-0251.  Once you determine who the mother and child are, then you can decide if you want contest paternity and desire to move forward with a legal action to disestablish paternity and request a paternity test.  If you decide to proceed with disestablishment of paternity, then you will want to consult with an attorney.... Read More

So, you want to have your cake and eat it too- after you smash it on the ground and stomp on it. It won't work. If you go through the trouble of disproving paternity, yes, you will be able to get off child support, but you will not be able to get full custody of your son unless there is a VERY good reason (e.g. the mother is extremely abusive and there is no other blood relative available to take your son) and the question of visitation will also be uncertain, as well. And what do you think it will do to your relationship with your son when he finds out that you went through a lot of trouble to find out that you're not related by blood...so you can be free of the obligation to support him?  You need to make a decision- do you want to be a dad, or not?  If the answer is you want to be a dad, walk away from the temptation to find out what might be an ugly truth. When your son is older, give him the option of a DNA test. But not now- not if you want to be his father. A paternity test result that proves you're not related to your son by blood could be the beginning of the end of your relationship with him- especially since his mom already makes it hard to co-parent.  ... Read More