Fort Lauderdale Divorce Lawyer Blog
Disputes over paternity testing present some of the most sensitive issues in family law, particularly when a child has already known one man as a father for years. Florida courts have repeatedly emphasized that genetic truth alone does not control these cases. Instead, the law prioritizes stability, emotional security, and the child’s best interests. A recent ruling from a Florida court reinforces strict limits on when courts may order genetic testing and clarifies the protections afforded to established legal fathers, even when the parents were never married. If you are facing a paternity challenge or defending an existing parental relationship, consulting with a Miami family law attorney is essential to safeguarding your rights and your child’s well-being.
Case Setting
Allegedly, the mother gave birth to a child in another state in 2018 while unmarried. Shortly after the birth, she and the putative legal father signed a voluntary acknowledgment of paternity in compliance with the laws of the state of birth. Additionally, he was named as the father on the birth certificate. From the child’s birth forward, the he assumed the role of parent, providing emotional and financial support and acting as the child’s only father.
It is alleged that several years later, the mother, the child, and the putative legal father relocated to Florida. More than four years after the child’s birth, the putative biological father initiated a proceeding in Miami-Dade County seeking to establish paternity, obtain timesharing, child support, and related relief. He asserted that he had a sexual relationship with the mother before the child’s birth and claimed that the child resulted from that relationship.
Reportedly, during the proceedings, the putative biological father filed a motion requesting genetic testing under Florida law, arguing that his sworn statements were sufficient to place paternity in controversy. The mother and the putative legal father filed verified opposition, asserting that paternity had already been established and that genetic testing would not serve the child’s best interests.
It is reported that the trial court granted the motion for genetic testing without determining whether the child already had a legal father and without requiring a finding that testing would be in the child’s best interests. The trial court reasoned that heightened protections applied only when a child was born into an intact marriage. The mother and the putative legal father then sought certiorari review in the appellate court.
Grounds for Compelling Genetic Testing in Paternity Cases
On appeal, the court noted that compelling parties to submit to genetic testing constitutes irreparable harm because the invasion of privacy cannot be undone once testing occurs.
The court explained that Florida law has long required a heightened showing before ordering genetic testing when a child already has a legal father. Under controlling precedent, a party seeking testing must establish not only that paternity is in controversy but also that good cause exists and that testing would serve the child’s best interests. This burden is substantially greater than ordinary discovery standards.
Rejecting the trial court’s reasoning, the court clarified that the best interest requirement is not limited to children born during a marriage. The underlying purpose of the rule is to protect children from the emotional harm that can result when stable parental relationships are disrupted. The court emphasized that Florida law values continuity, security, and the preservation of established family bonds, regardless of the parents’ marital status.
The court further held that before ordering testing, a trial court must first determine whether a child has a legal father, including one established through a voluntary acknowledgment of paternity executed in another state. If a legal father exists, the court must then determine whether genetic testing is affirmatively in the child’s best interests. Because the trial court failed to make either determination, it departed from clearly established law.
As a result, the court granted the petition for writ of certiorari and quashed the order requiring genetic testing, reinforcing the legal safeguards protecting established parental relationships.
Speak With a Skilled Miami Paternity Attorney
Paternity disputes can have lasting consequences for children and parents alike, especially when long-standing parental bonds are at stake. Whether you are defending legal parentage, opposing genetic testing, or navigating a complex paternity claim, it is advisable to speak with an attorney as soon as possible. The skilled Miami family law attorneys at the Law Offices of Sandy T. Fox, P.A. assist clients throughout South Florida with paternity matters, custody disputes, and related family law issues, and if you hire us, we will fight to help you protect your parental rights. To set up a meeting, you can reach us at 800-596-0579 or through our online form.