Fort Lauderdale Divorce Lawyer Blog
Paternity disputes often unfold at the crossroads of biology, legal status, and parental identity, and few issues in family law ignite more urgency than determining who has the right to claim fatherhood. A recent ruling from a Florida court shows how quickly these cases can turn, especially when one man is already recognized as the legal father, and another comes forward with DNA evidence. If you are involved in a paternity dispute, it is smart to talk to a Miami family law attorney to ensure your rights are protected as your case unfolds.
Facts and Procedural History
Allegedly, the appellee filed a petition to determine paternity shortly after the child’s second birthday, asserting that he was the legal and biological father. The birth certificate filed with the petition listed him as the father, and a Certificate of Live Birth included a voluntary acknowledgment of paternity signed by both the petitioner and the child’s mother, witnessed by two individuals. Both affirmed they were the natural parents and were unmarried at the time of the child’s birth.
It is alleged that 10 days later, the mother filed a verified motion disputing the appellee’s biological paternity and requesting DNA testing. The appellee responded, noting that testing had been scheduled but that the acknowledgment of paternity already established legal paternity under Florida law. Following a hearing, the court found him to be the legal father and declined to order genetic testing.
Reportedly, several months later, the appellant sought to intervene, claiming that an October 2022 DNA test showed a 99.99 percent probability that he was the biological father. He also petitioned to disestablish paternity. The mother filed a motion to set aside the acknowledgment of paternity, arguing that the appellee knew he was not the biological father when he signed it. DNA test results identifying the appellant as the likely biological father were submitted to the court.
It is alleged that during a non-evidentiary hearing, the appellee argued that once the court declared him the legal father under the voluntary acknowledgment, neither the mother nor the appellant could set it aside. The court denied the appellant’s motion to intervene without prejudice and denied the petition to disestablish paternity. However, the written order later entered denied the intervention motion with prejudice, prompting the appellant to seek clarification.
Standard of Review in Paternity Challenges
On review, the court examined Florida’s statutory framework governing voluntary acknowledgments of paternity. Under section 382.013, paternity may be established when both parents of a child born out of wedlock sign a voluntary acknowledgment in compliance with statutory requirements. When neither party rescinds the acknowledgment within 60 days, it constitutes a legal determination of paternity. After that period, the acknowledgment may be challenged only on grounds of fraud, duress, or material mistake of fact, with the burden placed on the party seeking to undo it.
The court emphasized that the voluntary acknowledgment in this case met all statutory requirements and was never rescinded. Consistent with precedent, the executed acknowledgment created a presumption of legal fatherhood, and the court had already adjudicated the petitioner as the legal father. Although similar to a recent case in which the acknowledgment was challenged, the present record contained no allegation of fraud, duress, or mistake by either the mother or the appellant. Without such allegations, the appellant lacked standing to challenge the acknowledgment or to intervene.
The court further explained that section 742.18 restricts disestablishment petitions to the legal father, making it unavailable to a biological father seeking to disestablish another man’s paternity. Likewise, the statute permitting a man to initiate a paternity action applies only when paternity has not already been established by law or otherwise. Here, paternity had been established both through the acknowledgment and the court’s earlier ruling, foreclosing the appellant’s attempt to file a competing action.
The court affirmed the denial of the appellant’s motion to intervene but reversed the written order to the extent that it denied the motion with prejudice, noting that a written order must conform to the court’s oral pronouncement. The court also affirmed the dismissal of the petition to disestablish paternity.
Consult a Capable Miami Child Custody Attorney
Paternity disputes can reshape parental rights, timesharing, and child support, making experienced legal guidance essential. Whether you are seeking to establish paternity, challenge an acknowledgment, or defend your legal parentage, a knowledgeable attorney can help you navigate Florida’s statutory framework and protect your family’s interests. The capable Miami child custody attorneys at the Law Offices of Sandy T. Fox, P.A., are adept at helping people navigate complex custody issues, and if you hire us, we will diligently pursue the best outcome possible in your case. To discuss your situation with a Miami family law attorney, call 800-596-0579 or contact the firm online to schedule a confidential consultation.