Paternity Flashcards
Action for paternity
May be brought in circuit court by:
- mother of child/expectant woman
- child
- any man who believe he’s the father (putative father)
Venue is proper only in the county in which the P or the D resides.
court may award and order the following if paternity is established
All costs associated w/ birthing, including hospital & medical expenses
child support
attorney’s fees
child custody and time sharing
*ct retains juris to modify the order later
genetic testing
can be ordered for testing of child, biological mother, or possible father(s)
Can be ordered by court or requested by a party.
State must pay for an indigent party’s test.
Result must be filed with the court at least 10 days prior to the hearing.
95% or greater statistical probability creates presumption of paternity in FL.
Marital presumption
Presumed fatherhood.
Husband is presumed the father of a child born to his wife.
May be rebutted with clear & convincing evidence.
If the marriage is VOID/ANNULLED, the child is not a marital child.
A child born within 9 months of divorce or death of the husband is a marital child.
Irrebuttable presumption of paternity for artificial insemination during marriage with written consent of both spouses.
If reputed father marries the mother after the birth of the child, then child is marital.
Estoppel
A husband who is not the biological father may be estopped from denying his obligation to pay child support if:
- he represented he would pay child support/provide for the child;
- wife relied on that representation; and
- wife suffered economic detriment as a result.
Statute of limitations
to bring paternity action is 4 years from child’s age of majority.
Written acknowledgment of paternity
Way to establish paternity.
- signed by mother and father; and
- notarized or signed by 2 witnesses under penalty & perjury.
- 60 days to rescind the acknowledgment.
- After 60 days, presumption of paternity can only be challenged for fraud, duress, or material mistake of fact.
Disestablishment of paternity
When a man is determined not to be biological father, he may petition the court for disestablishment of paternity & termination of child support.
To petition ct, man must provide:
- affidavit of newly discovered evidence than man is not the father;
- scientific test results that he’s not the father or an affidavit that he had no access to the child for such testing; and
- proof that he is current or substantially complied w/ child support obligation and any arrears are due to inability to pay or just cause.
No retroactive recovery of child support already paid.
Disestablishment of paternity
Relief must be granted if:
- Child is under 18 a time of petition;
- scientific testing is accurate;
- man did not adopt the child;
- child was not from artificial insemination during marriage btwn parents; and
- man did not thwart the biological father from asserting rights.
Disestablishment of paternity
Relief may NOT be granted if the man:
- voluntarily acknowledged paternity in an attested document;
- married the mother and voluntarily assumed parental obligations;
- voluntarily promised to support the promise; or
- disregarded an official notice for scientific testing.
Confidentiality
First degree misdemeanor to publish named parties to a paternity action, except for the purpose of service by publication
Personal jurisdiction over out of state parent to establish paternity
Ct obtains PJ over out of state parent in child support or parentage proceeding pursuant to a long arm provision in the Uniform Interstate Family Support Act (UIFSA).
How to get PJ over OOS parent:
-personal service;
-consent;
current residency w/ child in the state;
-past residency in the state plus payment of prenatal expenses or support of the child;
-child resides in the state at direction of the D;
-sexual intercourse in the state and child is the result of the act;
-asserted parentage in a putative father registry; or
-any other basis consistent w/ federal and state constitutions.
