Paternity

Question 1

Is a parent/child relationship established by a decree in another state recognized in FL?

Answer 1

Yes. Unless such status or the rights flowing therefrom are not contemplated by or repugnant to the laws of policy of the state of Florida upon the subject. Gragg-Rivera v. Gragg, 2024

Question 2

Can a Father’s rights be removed solely on biology?

Answer 2

No.

Question 3

Pursuant to Section 742.10, when is there a rebuttable presumption of paternity?

Answer 3

When an affidavit acknowledging paternity is executed by both parties, witnessed and signed under penalty of perjury, which has not been rescinded within 60 days. Note, the statute does not require the person to be named as the father on a BC to be the biological father.

Question 4

Once there is a rebuttable presumption of paternity based on the affidavit acknowledging the paternity that has not been rescinded within 60 days, how can the presumption be rebutted?

Answer 4

The rebuttable presumption of paternity can be challenged based on duress, fraud or material mistake of fact.

Question 5

Who has the burden of proof to disestablish paternity?

Answer 5

The challenging party.