Contested Paternity and the Limits of DNA Evidence in Florida

Paternity disputes can be emotionally charged and legally complex, especially where a child is already deemed to have a legal father. Advances in technology have made it easier to prove biological parentage, but it is noteworthy that Florida courts have consistently held that paternity is not just a matter of DNA but instead is a matter of law and procedure. In this article, the Tampa, FL, paternity lawyers at Westchase Law, P.A., will discuss a real case involving a legal father and another man who claims to be the father of his child.

Background of the case

The case involved a child who was born during a relationship between the mother and a man who subsequently adjudicated as the father of the child. The man was included on the birth certificate of the child. Eventually, after a number of years from the birth of the child, a stipulation was entered into between the man and the mother of the child, which led to a court order adjudicating him as the legal father of the child. The adjudication of paternity included all of the responsibilities and rights of parenthood.

However, the mother subsequently sought to reverse the adjudication of paternity. The mother filed a petition for disestablishment of paternity based on genetic testing that revealed that another man was the biological father of the child. The trial court entered a summary judgment disestablishing the paternity of the father, who had previously been adjudicated as such and establishing the paternity of the man who had proven to be the biological father of the child. The previously adjudicated father appealed the ruling.

The appeal

On appeal, the Third District Court of Appeal reversed the trial court’s decision revoking the legal father’s paternity. In reaching its decision, the court focused on the difference between a voluntary acknowledgment of paternity and a paternity adjudication. Once a paternity adjudication has been made, it has a certain degree of finality. This finality cannot be overcome simply because more recent genetic tests revealed a different biological father.

In reaching its decision, the Third District Court of Appeal focused on the fact that the Florida statutes regarding paternity and disestablishment simply do not permit the disestablishment of a previously adjudicated father. While Florida law has provided a framework in which a voluntary acknowledgement of paternity can be contested in certain situations, it did not provide a framework for paternity to be disestablished.

In addition, the Third District Court of Appeal found that summary judgment was inappropriate because there was no legal framework for disestablishing paternity based on DNA evidence. In this case, biology was not enough to overcome a legally adjudicated designation of paternity. 

Talk to a Tampa, FL, Paternity Lawyer Today 

Westchase Law, P.A., represents the interests of fathers who want to establish their parental rights over a child. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/2156288.html