Contested Paternity and Genetic Testing in Florida Family Law

Contested paternity cases raise some of the most sensitive Florida family law questions, especially in cases where there is already a legal father of the child. Although genetic testing seems to clearly resolve the issue of biology, Florida courts have uniformly held that biology is not enough to resolve the issue of paternity. In one case, the Florida Third District Court of Appeal considered the issue of whether the trial court can order genetic testing in response to a request from a biological but putative father in cases where there is already a legal father.

Background of the case

The facts of the case involved a child born during the relationship of the mother and a man with whom she had a relationship. The man voluntarily acknowledged the paternity of the child at the time of birth. The acknowledgment made the man the legal father of the child. The man provided support and was a parent to the child for several years.

Later in the relationship, another man petitioned the court seeking to have his paternity established as the biological father of the child. The man sought genetic testing, timesharing, child support determinations, and changing the birth certificate. The court granted the petition for genetic testing without first determining whether the child already had a legal father or whether the granting of the testing would be in the best interests of the child.

The mother and the legal father appealed the decision of the trial court. They argued that Florida law prohibits genetic testing in contested paternity proceedings where there is already a legal father unless legal and factual requirements are satisfied. 

The appeal

The Third District Court of Appeal considered the case on petition for writ of certiorari and ruled in agreement with the mother and the legal father. The Third District Court of Appeal quashed the trial court’s order compelling genetic testing since it departed from the essential requirements of law.

The Third District Court of Appeal emphasized that under Florida law, trial courts are obligated to engage in a threshold analysis prior to ordering any genetic testing in contested paternity cases. Moreover, where a child has an existing legal father through marriage, acknowledgement, or adjudication, prior to ordering any genetic testing, the trial court must consider whether it would be in the best interests of the child. The mere assertion that biological paternity does not warrant any genetic testing.

The Third District Court of Appeal also emphasized that any voluntary acknowledgement of paternity has preclusive legal effects and can be challenged only under limited circumstances.

Talk to a Tampa, FL, Paternity Lawyer Today

Westchase Law, P.A., represents the interests of Tampa residents who want to establish paternity. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

flcourts-media.flcourts.gov/content/download/2481685/opinion/Opinion_2025-1239.pdf