In almost 29 years of practice in Florida, this is a situation I have never come across before now.
Disestablishment of paternity in Florida is covered by Florida Statute 742.18. Unfortunately, the provisions of the statute do not cover the situation that your nephew faces. I do not have access at the moment to case law to see if the issue has come before the Florida courts.
You may have to create your own Motion to Disestablish Paternity, which would state the facts as you have alleged them above, attaching the paperwork from the criminal matter. I suspect that CSE may still pursue the matter, arguing that the child has needs regardless of the circumstances of its conception. If CSE does continue to push the matter, contact the local TV stations and newspapers and feed the story to them. If they hit the angle of the state trying to punish the victim of a crime hard, it may cause CSE to back off.
I suggest that if at all possible you obtain an attorney to assist with this. If you cannot retain and attorney, I would think that the ACLU or Legal Aid would be interested in helping, but if not, and you live in a city with a law school, the school may have a free clinic that can give you assistance. If you even live near a city with a law school, contact the school and speak to someone about the case, as this is the type situation that should greatly interest them because of its technical legal mature and the greater issue of "punishing" a victim..
I hope this helps and answers your questions. Please click Accept so that I may be credited for my assistance. Thank you and good luck to you and your nephew.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).