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Paternity in Lake Mary, Florida and Orlando, Florida

The birth certificate father is presumed to be the child’s legal father where neither party revoked acknowledgment of paternity within sixty (60) days. This applies to the establishment of paternity where there was an acknowledgment of paternity by the biological father on the child’s birth certificate. 

When the biological father petitions to establish paternity by filing a Petition to Affirm or Establish Paternity and Timesharing, he must allege that he had sexual intercourse with the child’s mother nine months prior to the child’s birth. If the father alleged that he and the mother signed a voluntary acknowledgment of paternity under the penalty of perjury and neither party revoked the acknowledgement of paternity within sixty (60) days after signing it, then the biological father is presumed to be the legal father. The father has previously been established as a matter of law under Florida Statute 742 due to this. 

Florida Statutes describe the execution of an acknowledgment of paternity leading to placement of a father’s name on a birth certificate. this is contained in the state’s birth registration statute. It outlines the rules for registering a birth certificate and how to determine a child’s name on the certificate.

The execution of a voluntary acknowledgment of paternity creates a rebuttal presumption of paternity subject to the right of any signatory to rescind the acknowledgment within sixty (60) days after the date of the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child whichever is earlier. 

In the Florida Statute, it is explained that paternity is established by law when there has been an adjudication of paternity or by the filing of an affidavit or stipulation acknowledging paternity as provided in section 742.10. If the acknowledgement of paternity is not rescinded within sixty (60) days, the voluntary acknowledgment constitutes an establishment of paternity that can only be challenged in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.