Paternity Disestablishment Lawyers

In 2006, Florida implemented a law that permits a male to disestablish paternity and terminate a child support obligation when he is not the biological father of a child. Before this law was enacted by the legislature, it was extremely difficult for a male who had been involved in the life of a child to disestablish paternity because the best interest of the child was paramount to the inquiry. Therefore, the law favored leaving the father-child relationship intact if the court viewed it to be in the best interest of the child even if the male was not the biological father and regardless of the circumstances. Learn about establishing paternity in Florida from our attorneys.

Florida Paternity Lawyers

Under current law, a male may disestablish paternity if he is not the biological father if he meets the requirements of Florida law. It is extremely important to contact a family law attorney immediately if you believe you may not be the biological father of the child because there are certain limitations and requirements of the law that are time sensitive.  

In order to disestablish paternity, the male must file a petition in the circuit court. The petition must include certain requirements, including but not limited to an allegation of “newly discovered evidence” that the male has discovered he is not the father as well as an affidavit that the petitioner is current on his child support obligation. Furthermore, the male must not have engaged in a number of behaviors after learning that he is not the father, including that he did not marry the mother of the child or consent to being named the father on the child’s birth certificate.  

While the case is pending, the male is required to stay current on his child support obligation unless “good cause” is shown before the court. As discussed, the area of law to disestablish paternity includes many technical requirements and it is important to contact a knowledgeable family law attorney to discuss your rights. Contact the family law and paternity lawyers at the Law Office of Silverman, Mack & Associates office for a free initial consultation.