Contested Paternity & Disestablishment – When Biology is in Question
Protecting Your Rights When Paternity is Disputed
When paternity is uncertain—or proven wrong—it can have serious emotional and financial consequences. Florida law provides legal procedures for both contesting and disestablishing paternity. This page explains your options if fatherhood is being questioned or wrongly assigned.
When to Challenge Paternity
Cases of Mistake, Fraud, or Doubt
If a man is presumed or declared to be the father of a child but later learns he may not be, he has the right to challenge that legal status. This often arises when a man is listed on a birth certificate, signs a voluntary acknowledgment, or is the presumed father due to marriage.
Whether the issue stems from
misidentification, fraud, or genuine uncertainty, Florida law allows paternity to be contested—but the timeline matters. Acting quickly is essential to protect your rights and minimize legal and financial obligations.
Understanding the Disestablishment Process
Requirements to Legally Undo Paternity
Florida’s
Disestablishment of Paternity statute offers a legal route to end child support obligations when DNA testing shows a man is not the biological father. To pursue this, the man must:
- File a
petition with the court.
- Submit a
DNA test showing 0% probability of paternity.
- Prove he has not adopted the child or voluntarily assumed fatherhood despite doubts.
- Act
promptly upon learning new evidence.
If successful, the court may terminate
future support obligations, but previously paid support is rarely refunded.
When False Denial Happens
Proving True Paternity with DNA Testing
Not all paternity disputes involve mistaken identity. In some cases, a biological father may deny paternity to avoid financial responsibility. In those situations, a mother—or the Florida Department of Revenue—can initiate a paternity action and request a court-ordered DNA test.
Our firm supports mothers through this process to ensure the right individual is held accountable and the child receives appropriate support.
Legal and Emotional Stakes
Why Skilled Representation Matters
Whether you’re seeking to disestablish paternity or defend against a false denial, these cases carry high stakes. A man wrongly paying child support for a child who isn’t his may suffer unfair financial harm, while a mother navigating contested paternity needs to ensure her child’s needs are met by the biological father.
The court weighs not only the DNA results but also
the timeline, prior conduct, and the best interest of the child—which makes strong legal advocacy essential.
Get Help with Paternity Disputes
Clear Answers for Complex Family Law Cases
If you’re facing questions about paternity—whether you’re the presumed father, a mother needing to confirm paternity, or someone wrongfully named—our firm can help. We guide clients through the DNA testing process, courtroom procedures, and legal filings necessary to protect their rights.
Contact us today for a confidential consultation on contested or disestablished paternity in Florida.
