Disestablishment of Paternity
Disestablishment of paternity essentially means that a male who has been adjudicated to pay child support for a child thought to be fathered by him, has proof that he is, in fact, not the biological father of said child and desires the court to eliminate him (disestablish) as the father (paternity). Quite naturally the alleged father does not want to continue to pay child support for a child he did not father, but until the court disestablishes his paternity he must continue to pay. An experienced family law attorney such as Grant Gisondo, PA whose office is in West Palm Beach serving Palm Beach, Martin, Port St. Lucie, Miami-Dade, Broward, Orange, and Hillsborough counties can handle the necessary litigation. The following gives an overview of what legal steps will need to be taken. For a complete, detailed, legal explanation you can go online and view Florida Statue 742.18.
Probably the most important factor is proof showing, the male stating he is not the biological father, is truly not the biological father. Having the scientific DNA paternity test does this. The test must be done within 90 days of filing the petition requesting disestablishment of paternity resulting in the discontinuation of child support by the petitioning male and must show the petitioning male is not the child’s biological father.
But what happens if the petitioning male has no access to the child and so cannot get the DNA testing due 90 days before filing? He must have an affidavit stating the fact he has no contact with or access to the child. The alleged father must then file a petition asking the court to order DNA testing for the child.
When the test results are conclusive regarding the alleged father’s not being the biological father and all the information is gathered as to why this information is just now coming to light, the petitioner must file a separate and independent law suit asking for disestablishment of paternity and the subsequent discontinuation of paying child support for the child in question.
It is important to note that at the time of the litigation, all child support must be paid up to date and continue to be paid until a judge rules otherwise. Additionally, it is important to understand that once the disestablishment of paternity has been adjudicated and the child support ordered stopped, visitation rights, and rights to have access to the child will also be stopped.
While in many ways the legal process to disestablishment of paternity and the resulting discontinuation of child support seems relatively simple, each case is individual and there can be glitches unfamiliar to a layman. It is truly best to obtain the services of an experienced family law attorney to provide the alleged father the assurance of his desired outcome, that of no longer being declared the biological father and therefore no longer required to pay child support. For answers to your questions and to find out how a family law attorney can help, Attorney Gisondo offers a free, initial, in-office consultation where he will meet with you personally. Just call his office at (561) 530-4568 for an appointment.