Fighting to Correct the Record When Paternity Is Wrong
Finding out you may not be the biological father of a child you’ve been supporting is devastating—emotionally, financially, and legally. In Florida, men in this situation have the right to challenge paternity, but the process comes with strict requirements and unforgiving deadlines. Successfully disestablishing paternity can terminate child support obligations and remove your name from the birth certificate, but courts prioritize a child’s stability, making these cases complex to navigate alone. At Bernal-Mora & Nickolaou, P.A., our Orlando paternity attorneys help men evaluate their options, build strong cases, and pursue disestablishment when the facts support it.
Why Choose Bernal-Mora & Nickolaou for Paternity Cases?
At Orlando Family Team, we understand the emotional weight of discovering you may not be the biological father of a child you have raised and supported. Our board-certified family law attorneys have extensive experience handling sensitive paternity matters and will treat your case with the discretion and urgency it deserves.
Benefits of hiring Bernal-Mora & Nickolaou for your paternity case include:
- Both attorneys are Board Certified Specialists in family law by The Florida Bar
- Husband-and-wife team providing personal attention to every case
- Free case evaluations to assess your legal options
- Deep understanding of Florida’s paternity laws and court procedures
- Compassionate representation focused on your family’s best interests
- Skilled mediators and seasoned trial lawyers
Our attorneys have a successful track record on handling and winning tough family law cases.
How Is Paternity Established in Florida?
Understanding how paternity was established in your case is the first step toward determining your legal options. Florida recognizes several methods of establishing paternity, and each affects the process for challenging it.
If the child was born during a marriage, the husband is automatically presumed to be the legal father. For unmarried parents, paternity is often established through a voluntary acknowledgment of paternity signed at the hospital or later. Paternity can also be established through a court order following genetic testing or by default if a man fails to respond to a paternity action.
Once paternity is established, it creates legal rights and obligations, including child support. Challenging established paternity requires proving that the original determination was based on fraud, duress, or material mistake of fact.
What Is Disestablishment of Paternity?
Disestablishment of paternity is the legal process by which a man who was identified as a child’s legal father seeks to have that determination reversed. Under Florida Statute §742.18, a legal father may file a petition to disestablish paternity if he has newly discovered evidence that he is not the biological father.
If successful, the court will terminate the man’s child support obligations and may order his name removed from the child’s birth certificate. However, disestablishment is not automatic, even, with DNA evidence proving non-paternity, and requires meeting specific legal requirements.
What Are the Requirements to Disestablish Paternity in Florida?
Florida law sets strict criteria for disestablishing paternity. To file a successful petition, you must demonstrate:
- Newly discovered evidence relating to paternity that was not known when paternity was established
- DNA test results obtained within the past 90 days showing you are not the biological father
- You are current on child support payments or have substantially complied with your support obligation
- You did not legally adopt the child
- The child was not conceived through artificial insemination during your marriage
Additionally, the court cannot grant disestablishment if you knew before paternity was established that you were not the biological father but chose to accept legal responsibility anyway.
What If the Mother Refuses a DNA Test?
If the mother will not voluntarily cooperate with genetic testing, you can petition the court to order a DNA test. Florida Statute §742.12 gives courts the authority to compel the mother and child to undergo testing when paternity is in question.
If the mother fails to comply with a court order for testing, the judge may enter a default judgment in your favor. Courts do not look favorably on parents who obstruct the paternity determination process, and such behavior may influence custody and support decisions.
Can I Stop Paying Child Support After Discovering Non-Paternity?
No. Obtaining DNA results showing you are not the biological father does not automatically terminate your child support obligation. Child support orders remain in effect until a court officially modifies or terminates them. If you stop paying without a court order, you can face enforcement actions, including wage garnishment, license suspension, and contempt proceedings.
This is why acting quickly after discovering evidence of paternity fraud is essential. Filing a petition for disestablishment promptly protects your rights and may limit how much additional support you are required to pay while the case is pending.
What to Expect During the Disestablishment Process
The disestablishment process begins when you file a Petition for Disestablishment of Paternity with the court that issued the original paternity order or child support order. Your petition must include sworn statements explaining the newly discovered evidence, the DNA test results, and proof that you are current on child support.
The mother and the Florida Department of Revenue (if involved in your child support case) must be served with the petition. The mother has an opportunity to respond, and the court will schedule a hearing to review the evidence. If the court finds that all statutory requirements are met, it must grant the petition and terminate your paternity and support obligations.
Get Legal Guidance for Paternity Fraud Cases
Discovering that you may not be the biological father of a child is overwhelming. At Bernal-Mora & Nickolaou, P.A., we are here to help you understand your legal options and navigate this difficult situation with compassion and skill. Our attorneys will review your case, explain the disestablishment process, and advocate for your rights throughout. Contact the Orlando Family Team today to schedule a free consultation.
Frequently Asked Questions
Is paternity fraud a crime in Florida?
Florida does not have a specific criminal statute for paternity fraud. However, victims may have civil remedies, including pursuing a lawsuit for fraud or intentional misrepresentation against the mother. These civil claims can seek damages for emotional distress, financial losses, and child support payments made under false pretenses.
Can I get back child support payments I made if I’m not the father?
In some cases, men who have paid child support under the mistaken belief that they were the biological father may seek reimbursement from the mother. However, this is a complex legal process requiring proof of fraud and demonstrating the payments made.
Florida family courts rarely order the reimbursement of past child support payments in disestablishment cases. Florida law generally holds that child support belongs to the child, not the parent, and funds paid are considered “consumed” for the child’s benefit. It remains a potential avenue worth exploring with an attorney.
How long do I have to file a disestablishment petition?
Florida does not impose a strict statute of limitations for filing a disestablishment petition, but timing matters. The petition requires newly discovered evidence, meaning you should file as soon as reasonably possible after learning you may not be the biological father. Waiting too long could affect your credibility and your ability to recover payments made during the delay.
