Legal Question in Family Law in Florida

finding out child may not be mine.

Married & diviorced 2 years later.

My son's Wife has primary custody.

If found he is not the biological father, is he still legally responsible for child? His name is on the birth certificate.


Asked on 8/16/07, 11:20 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: finding out child may not be mine.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You will have to file a petition to determine paternity. If the mother will not cooperate, Florida does have a provision wherein you can have the court order DNA testing to determine whether or not you are the father. Under the recently enacted law, if the DNA proves that you are not the father, you can sever your relationship with the child and have no further rights or responsibilities for child including child support.

Scott R. Jay, Esq.

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Answered on 8/16/07, 11:42 pm


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