Q: If you get a paternity test done for someone in a different state, does it go by your state laws or theirs?
The father of my daughter lives in a different state (South Carolina) while I live in Florida. If I need to prove paternity, will the case be by Flordia Law or South Carolina Law?
A: If you and the child live in Florida then your paternity case will follow Florida law. However, the DNA test can be done anywhere and as long as it meets the scientific standards you should be able to use it in Florida.
Terrence H Thorgaard agrees with this answer
A: You've raised a complex jurisdictional issue. Although you and the child reside in Florida, if Dad files a paternity case in SC before you file a case in Florida, SC law will prevail; but only as it relates to establish paternity. SC does not have the authority to order child support or custody and visitation what we in Florida call timesharing. If Dad wants timesharing (custody and visitation), he will have to file a case in Florida to establish a parenting plan and with that comes child support. If you file a case first in Florida, then he will have to succumb to the courts of Florida. With this in mind, if you want control of the case by having paternity established in Florida, file your case in Florida before he files a case in SC. I hope this helps. Good luck!
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