Legal Question in Family Law in Florida

Re: birth mother added another man's name?

In Florida, when the mother is married at the time of birth, the husband is the legal father of the child. Whether this was the case or she married him after the birth, your husband can petition to determine paternity. A if the couple wasn't married at the time of birth, it should be a relatively easy process. If they were, your husband will have to convince the court that doing a paternity test is in the best interest of the child because the husband is already assumed to be the child's father and the courts do not like to disturb the status quo. But either way, he can certainly petition for paternity.

Re: birth mother added another man's name?

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Under Florida law, your husband could have filed for Determination of Paternity with required DNA testing. Since none of the parties live in Florida at this time, I do not think that Florida will have jurisdiction anymore, but rather the State of Ohio is the most likely place for any litigation or determination of your husband's legal rights as a father.

Scott R. Jay, Esq.