Disestablishment of Paternity – What is it?

Often times, after paternity is established, the legal father finds out information that puts his paternity in question. In situations like this, there are laws in place to enable that person to rescind his paternity and stop his child support obligations should the information prove to be true. These laws are called disestablishment of paternity. The first step is knowing just how paternity was established, and although laws vary state by state, general guidelines do exist.

• If the parents were married at the time of the birth of the child, the husband is automatically named the father even if the child was conceived by another man.

• If a hearing is held and the state deems a person the father.

• If the clerk of courts office receives an affidavit of paternity signed by both parties.

• If a voluntary affidavit is witnessed and notarized.

• If the Department of Revenue adjudicates paternity.

These are all valid situations where paternity is established, but should the mother indicate that another person may or may not be able to claim paternity other than the legal father, the law allows for that person to disestablish himself from his paternity obligations. A divorce attorney in Jacksonville can help you figure out your options. In the case where child support has already been established, additional steps must be taken to terminate that obligation. 

• A lawsuit must be filed against the person who is being named the actual father.
  
  
• Within ninety days prior to filing the lawsuit, a DNA test must be given to the current person paying child support to prove he cannot be the father. If the legal father cannot afford the test, a petition can be filed asking the courts to test the child to determine correct paternity. If this is the case, certain criteria has to be met:

o   An affidavit stating new information exists since child support was established that puts paternity in question.

o   DNA results must be included that prove the legal father is not the actual father.

o   An affidavit proving that all child support payments are current or a statement that explains why they are not.

Although paternity is a very sensitive subject, the courts will not terminate the child support obligation automatically when a disestablishment of paternity petition is filed and pending. If the court reviews all the information and approves the petition, child support obligations will be terminated, however, any payments already made will not be refunded. All parental rights and visitation will also be terminated by the courts.