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Disestablishment of Paternity in Orlando, FL.

What is Disestablishment of Paternity in Orlando? How does it apply to a case?

Are you paying child support and discovered that you are not the Father of the Child? There may be something you can do in order that you no longer have to pay child support for a child that is not your child, but you originally thought was your child.

The procedure is to file a Petition to Disestablish Paternity. Florida Statute 742.18 deals with the disestablishment of paternity.

FS 742.18 (1) This section establishes circumstances under which a male may disestablish paternity or terminate child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate child support obligation, the male must file a petition in circuit court having jurisdiction over the child support obligation.

The petition must be served on the Mother or other legal guardian or custodian of the Child.

If the child support obligation was determined administratively and has not been ratified by a court, then the petition must be filed in the circuit court where the Mother or legal guardian or custodian resides.

Such a petition must be served on the Department of Revenue and on Mother or legal guardian or custodian of Child.

If the Mother or legal guardian no longer resides in the state, the petition may be filed in the circuit court in the county where the petitioner resides.

The Petition must include:

1. An affidavit executed by petitioner that newly discover evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of a child support obligation.
2. The results of scientific tests that are generally acceptable within the scientific community to show a probability of paternity, administered within 90 days prior to the filing of such petition, which results indicate that the male ordered to pay such child support cannot be the Father of the Child whom support is required, or an affidavit executed by petitioner stating that he did not have access to the child to have scientific testing performed prior to filing of the petition. A male who suspects he is not the Father but does not have access to the child to have scientific testing performed may file a petition requesting the court order the Child to be tested.
3. An affidavit executed by petitioner stating that the petitioner is current on all support payments for a Child for whom relief is sought or that he has substantially complied with his child support obligation for the applicable Child and that any delinquency in his child support for the Child rose from his inability for just cause to pay delinquent child support when delinquent child support came due.