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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience:  Practicing family law attorney
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I have my DNA results (legal document)--Im not the father.

Customer Question

I have my DNA results (legal document)--I'm not the father. My name is XXXXX XXXXX birth certificate. How much does it cost to remove my name off birth certificate? I know I have to open a case and go to family court with the baby's mother. I would like to know what would make her open the case on her own and pay the fees instead of me. I'm the one who was lied too as far as being the father. The baby also has my last name. DNA test results was mailed to her as well. Will I bring more problems to myself if I wait and do nothing about it. I think she will eventually have to go to court on her own and open a case. I may be wrong--do not know!
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
You only have a short time frame to contest that you are the legal father. Otherwise you could be responsible for child support even if you later prove the child is not yours. It happens to a lot of men. Here you need to go ahead and find an attorney and file to de-establsh paternity before you get hit with a back child support bill.
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience: Practicing family law attorney
lwpat and 8 other Family Law Specialists are ready to help you
Expert:  Cowgirl Lawyer replied 5 years ago.
Hello tall n,

It is certainly understandable that you do not want to spend money, and that you feel betrayed.

Until you petition the court to dis-establish paternity, you are the legal father of the child. That means, that you could be forced to pay child support until you dis-established paternity. In other words, inaction on this issue now could cost you later.

Further, the Florida Supreme Court held in 2007 that if a father waits too long to petition the court to dis-establish paternity, that he may still be forced to pay child support.

Florida has a procedure, established by statute in 2006 for dealing with paternity fraud. It requires, when there is "newly discovered evidence" of the father's lack of paternity, that he file. If you wait, there is a good chance that the court will dismiss your concerns as being too late.

There is no way to force her to file a petition to dis-establish paternity.

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Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. This public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights. You should consult with an attorney in your area for specific advice relevant to your situation.

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