Asked in Child Custody, Divorce and Family Law for Florida

Q: How do I legally disprove paternity in my divorce case?

My ex and I were separated, living in different states when I got pregnant with my daughter. He doesn't want to be her legal father and I don't want him to be either. Her biological father didn't want to be involved in her life and he's had no contact with her most of her (2 years) life.

1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Orlando, FL
  • Licensed in Florida

A: OK so there is a presumption that any child born during the marriage would be the child of the man that you were married to. To disprove that, you would bring a paternity action against the biological father and the DNA test would most likely as you suggest, conclude that he is the father. Once that paternity relationship has been established, you can demand child support in that action as well as he could demand visitation rights if he so chooses. But then there would be a court order on record that the Man that you were married to when the child was born is not the father of this child.

Terrence H Thorgaard agrees with this answer

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