my brother has a child and another man is on the birth certificate in florida are there any laws or prior supreme court case that would support his request for dna testing in a court of law,the child is 18 months old and my brother has maintained a parent child relationship with his son
Country relating to Question: United States
State (if USA): Florida
petitioned court pro se for dna test,it was referred to a magistrate,magistrate wants statutes or prior case that support his request for dna
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.It's a simple routine matter for a judge to order Paternity Testing where the Paternity of a child is established, so it's very odd that the magistrate would force your brother to go out and find statutes to cite to prove that he's entitled to it. Public policy supports a child having a relationship with both parents and being supported by both parents.With that said, the relevant statute is Fl. Stat., Section 742.12.In any proceeding to establish paternity, the court may, upon request of a party providing a sworn statement or written declaration as provided by s. 92.525(2) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties or providing a sworn statement or written declaration denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties, require the child, mother, and alleged fathers to submit to scientific tests that are generally acceptable within the scientific community to show a probability of paternity. The court shall direct that the tests be conducted by a qualified technical laboratory.If the man listed on the birth certificate signed a voluntary acknowledgment of paternity, your brother had 60 days to contest it. Still, Section 742.10 allows him to dispute that man's paternity based on a material mistake of fact or fraud, which covers both situations where the other man didn't know, or where he intentionally lied.
Attorney with experience in family law.
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