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Disestablishment of Paternity
Life brings all sorts of issues our way every day. Sometimes these issues are as simple as finding staples for the stapler in your house. And sometimes, these issues can be as large as finding out you are the father of a child you never knew about. These things happen, but what can you do about it? Are you able to be a legal father to a child you have never known? How old is the child and what responsibilities, if any, are you now liable? Sometimes this scenario is flipped around, and a father comes to learn that a child he has been taking care of is actually the biological child of another man. Does the father in this scenario have rights to refunded child support? Does this father have the right to walk away from the relationship and child? These are the types of questions that are best left to a qualified Family Law Attorney like Mark E. Sawicki, P.A. Every case is different, and every case needs a professional review before legal options can be planned.
How do you perform a Disestablishment of Paternity in Florida?
- Contact a professional Family Law Attorney to discuss the process. If you suspect you are not the father and want to perform a Disestablishment of Paternity, you must file a petition to disestablish paternity and/or terminate child support with the court of Florida. This petition must also be sent to the mother of the child because it will affect them. Along with the petition, the father must include an affidavit, the results of dna testing, and receipts of any child support payments. In cases where the mother resists, or makes it impossible for the father to provide dna testing, the father will provide an additional statement saying as much. Obtain legal counsel before attempting to disestablish paternity.
Is a biological father always the Legal father?
- No. This can be tricky because of how long a child has been under the care of a father figure. If a father has been paying child support for a period of time and then comes to learn that he is not the biological father, he can’t just stop making payments. The courts of Florida will still recognize him as the legal guardian and he will be responsible for child support payments until he successfully files to disestablish paternity. This is a major point of contention and usually where fathers make mistakes. It is imperative to contact a Family Law Attorney to discuss options for disestablishment of paternity.
What if I don’t want to be the father?
- Find a qualified, bar certified Family Law Attorney in your area. They will be able to help you start the process to disestablish paternity.
Contact Our Family Law Attorney in Ft. Lauderdale Today!
Disestablishing Paternity is not a joyful situation, but it can bring closure to situations that need to be ended. Child support is a major part of divorce and relationships in general, but actively supporting a child that is not biologically yours is something that a father needs to know. Navigating the legal boundaries necessary to disestablish paternity is what lawyers like Mark E. Sawicki, P.A. have worked their entire lives learning. Let us handle the difficult part of dealing with a disestablishment of paternity petition, whether you are a father or you are a mother who has just received a petition, we can help.