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I believe I am the father of a child born to a mother who…

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Hi,I believe I am the...
Hi,I believe I am the father of a child born to a mother who was and is still currently married but seperated (not legally). We all reside in the state of Florida and therefore her husband was automatically assumed the father. Am I able to file for a court ordered DNA test? Can the mother refuse? What are my options for proving paternity?
Submitted: 7 months ago.Category: Family Law
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10/4/2017
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 11,380
Experience: Licensed to practice before state and federal court
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Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you so much for your patience. According to the state of Florida “After the child's birth and any time until the child reaches age 18, an unmarried mother and child's father can establish paternity if they fill out and sign the Acknowledgment of Paternity form (Form DH-432) *. Both parents must fill out and sign this form in the presence of two witnesses or a notary public. This form is also available by visiting your local Florida Health Department, the Florida Bureau of Vital Statistics in Jacksonville, or one of the Florida Department of Children and Families offices.” Also, “Paternity can be established by filing a civil action in circuit court. A judge can establish paternity by court order.” Basically, you would petition the court to determine whether you are the parent and the Florida Department of Revenue will have you and her go through the process.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up

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Customer reply replied 7 months ago
If I file a petition, can she still deny this test due to the fact that she is married and her husband is the "legal" father?
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Yes, she could file an answer to your petition denying that you are the father, but if you lay out the facts for a judge, then they can still issue a court order that would force her to do so, even if she is currently married.

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Customer reply replied 7 months ago
I don't really know what facts I would be able to lay out for the judge. How do you prove that you had relations with someone?
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Basically, you just need to explain the nature of your relationship and give dates and times that you had sex with her to persuade the judge that you are more likely than not the father or at least that a DNA test should be ordered to prove that is the case.

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Customer reply replied 7 months ago
I file for the petition, she denies, then how do I see the judge?
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

The judge may order a hearing on the matter to hear from the two of you in person. Or, if the judge is unpersuaded, they will simply deny the petition and throw the case out.

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Customer reply replied 7 months ago
What law office do you practice in? I have contacted another lawyer in FL who stated that since she is married only she is able to file for paternity.
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, you may have received some misinformation. The husband is presumably the father in FL because they are married, but Paternity is established through the court system in an Establishment of Paternity case. Either the mother or father may file a Petition to Establish Paternity. You may want to consider speaking with the FL department of revenue (the group responsible for this) to determine what you can do specifically. In my legal opinion, yes, you can still establish paternity.

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Customer reply replied 7 months ago
Thank you. Is there a fee to file this through the court system?
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

You know, I do not believe so, but that may depend on your county. The Dept. of Revenue will let you know, but I highly, highly doubt you have to pay anything other than court costs.

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