Under Florida law, there is a presumption that a married couple are the parents of children born during the marriage. Florida law creates a presumption the husband of the mother is the father of the children born during the marriage. See child custody case O’Bryan v. Doe. The presumption means that without evidence to the contrary, the judge and law will assume the husband is the child’s father. This can be problematic, as the husband will not always be the biological father. Thus, in many cases, clients need to know how to contest paternity in Florida. Typically, the best way to resolve the issue of how to contest paternity in Florida is to contact a child custody lawyer for assistance. Many child custody law firm in Tampa and schedule a consultation for these types of situations.
How to Contest Paternity in Florida Through a Divorce Case
If filing for divorce, you may be able to efficiently resolve the issue of how to contest paternity in Florida. If a divorce is filed, include a disestablishment of paternity count. So long as the husband is personally served and does not object to this allegation, the judge may enter a final judgement stating that the parties are divorced and that the (now ex-) husband is not the legal or biological father of the children at issue. This route will likely be one of the easiest means to resolve the paternity issue.
If the husband objects and wants to state that he is, in fact, the child or children’s father, it becomes very difficult to overcome the legal presumption that the husband is the legal father. See Florida paternity case Parker v. Parker. An experienced child custody attorney can help you navigate these waters. Each paternity case is decided on a case-by-case basisis and outcomes by judges vary. If you are involved in a custody or divorce case where you need help on how to contest paternity in Florida contact a child custody attorney in Tampa for assistance.
How to Contest Paternity in Florida with a Disestablishment of Paternity
Under Florida paternity law, there is a method of accomplishing a disestablishment of paternity for children conceived during the marriage. A male who does not think that he is the father of a child and needs to know how to contest paternity in Florida should consider filing a petition to disestablish paternity. The court will need that male to show newly discovered evidence; separately, scientific evidence (a DNA test); and sign an affidavit that alleges the specific facts which would suggest he is not the father of the child or children in question. See Florida Statute 742.18.
Florida law on disestablishment of paternity does not afford the same rights to the mother. Courts are very wary to change the familial situation of minor children. Usually, no matter who is making the claim, a child custody attorney should be consulted in matters where you need assistance on how to contest paternity in Florida.
Child Custody Law Firm in Tampa
If you need to establish or disestablish paternity call us today to speak with a child custody attorney. At Florida Law Advisers, we take these matters very seriously and will stand firm for what is fair. To speak with a family law attorney at our firm call us today at 800 990 7763.