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  • Writer's picturePaul J. Phipps, Esquire

Paternity - Disestablishment of Paternity

In some cases a man who thought he was the Father of a minor child may disestablish paternity and terminate a child support obligation. Florida Statute 742.18 governs the disestablishment of paternity in Florida.

To disestablish paternity a suspected Father must prove that there has been newly discovered evidence since the establishment of paternity that proves he is not the biological father of the child. In almost all cases newly discovered evidence consists of properly conducted scientific testing. There are other requirements that must be met including but not limited to that the suspected Father must be current on his child support obligation and not have legally adopted the child.

Paternity will not be disestablished if after his discovery of the new evidence, the Father acknowledges paternity in a sworn statement, authorizing his name as the Father on the child's birth certificate, promises in writing to support the child, failed to submit to scientific testing requested by the court, or signed a voluntary acknowledgment of paternity.

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