Legal Question in Family Law in Florida

Question of paternity

Regarding paternity, first child born in Germany, mother was Polish national. She and her husband were named as the parents of the child on BC and he wanted the child. She fought him and in Poland had the childs last name changed to mine. Not sure how as I did not speak, read or write in that language. It was put to me that she wanted to keep her then husband from taking the child. Married her 2 years after the child was born. Fast forward to US. She wanted ticket here nothing more. I left her and we had a verbal agreement she now wants to change and now another child is born and I am being sued for support for both. She failed to respond to divorce request. Can I be held responsible for this new child simply because we are married? The other because she had the named changed to mine?


Asked on 1/20/03, 4:45 pm

1 Answer from Attorneys
Eric Dirga Eric J. Dirga, PA

Re: Question of paternity

Hmmm. Interesting. Why is my life so boring? Anyway, there is a presumption in Florida that the husband of the child's mother is presumed to be the father. SO the first child would be presumed to be her then husband regardless of the name change. The second child would be presumed to be yours since you are married to her. The presumption can be overcome (paternity test for example) but even then you may still be required to pay support for the child(ren). The reasoning follows what is in the best interest of the child.

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Answered on 1/20/03, 11:52 pm


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