Q: Can I establish disestablish paternity in a divorce case?
My husband and I separated 3 years ago and did not file any legal paperwork. About 1.5 years ago, I gave birth to my son. Because we are in FL, my husband is the legal father. My husband, the biological father, and me all agree that the biological father should be the legal father. My husband and I are trying to file for divorce and have reached an agreement in mediation, but cannot file until we move forward to disestablish paternity. Is there an easy way to do this within the divorce filing? Do I need to open a separate case? If so, should I open a case to disestablish my husband's paternity or to establish the biological father's paternity?
A: There is a way to handle your situation in the same case. You want to have your husband disestablish paternity in a legal document and have the biological father establish paternity in another legal document. All three of you should be prepared to be present at the final hearing in the event the judge has any questions. Good luck!
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
