Paternity Disestablishment Lawyer, Jacksonville, FL
Disestablishment of paternity is the legal process under which a male may seek an order or judgment disestablishing, or effectively canceling a previously adjudicated claim of paternity, or terminating a child support obligation when the male is not the biological father of the subject child. In order to be eligible for disestablishment, there must be “new evidence” discovered since the initial paternity determination or since the establishment of child support. Time is of the essence so speak with an experienced Jacksonville Disestablishment of Paternity Attorney as soon as possible.
How Do I Disestablish Paternity?
You must file a petition with the circuit clerk and the petition must contain an affidavit from the petitioner stating that there has been newly discovered evidence since the paternity determination or establishment of child support. The petition must either include the attachment of the results of genetic testing conducted within the past 90 days or otherwise the petitioner must make a request for genetic paternity testing in the petition. The petitioner must also state that he is current on his child support obligation or that there is “just cause” for any delinquency in child support. To see if you qualify to terminate child support payments call your Jacksonville Disestablishment of Paternity Attorney today.
Conditions of Disestablishment
The court must grant the disestablishment so long as all of the following conditions are met:
- There must be newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial
paternity determination or establishment of a child support obligation.
- The scientific test was properly conducted.
- The male ordered to pay child support is current on all child support payments for the applicable child or that the male ordered to pay
child support has substantially complied with his child support obligation for the applicable child and that any delinquency in his child
support obligation for that child arose from his inability for just cause to pay the delinquent child support when the delinquent child support
- The male ordered to pay child support has not adopted the child.
- The child was not conceived by artificial insemination while the male ordered to pay child support and the child’s mother were in wedlock.
- The male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child.
- The child was younger than 18 years of age when the petition was filed.
When is the Court Prohibited from Disestablishing Paternity?
A court will not set aside a paternity determination if the male engaged in any of the following conduct:
- Married the mother of the child while known as the reputed father and voluntarily assumed the parental obligation and duty to pay child support after learning he is not the father of the child.
- Acknowledged his paternity of the child in a sworn statement after learning he is not the father of the child.
- Consented to be named as the child’s biological father on the child’s birth certificate after learning he is not the father of the child.
- Voluntarily promised in writing to support the child and was required to support the child based on that promise after learning he is not the father of the child.
- Received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded.
If I Disestablish Paternity can I Recover All Past Child Support Payments Made?
No. The disestablishment applies prospectively and does not provide a cause of action to recover past child support payments.
Call Jacksonville Disestablishment of Paternity Attorney Sam Jubran and His Team
If you need help, contact Mr. Jubran. He is a Jacksonville lawyer authorized to practice law in all of Florida’s state courts including all northeast Florida counties and beyond. He, and his team are well-respected, compassionate and knowledgeable and, most importantly, ready to get to work on your case. Protect yourself, your children and your assets by hiring the most experienced attorney possible. Don’t delay, call now!
Remember: for Family Law, choose Family Values.