Posted by Nydia Streets of Streets Law in Florida Paternity
Florida Statute 742.10 provides the circumstances under which paternity can be established:
Except as provided in chapters 39 and 63, this chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock. If the establishment of paternity has been raised and determined within an adjudicatory hearing brought under the statutes governing inheritance, or dependency under workers’ compensation or similar compensation programs; if an affidavit acknowledging paternity or a stipulation of paternity is executed by both parties and filed with the clerk of the court; if an affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as provided for in s. 382.013 or s. 382.016 is executed by both parties; or if paternity is adjudicated by the Department of Revenue as provided in s. 409.256, such adjudication, affidavit, or acknowledgment constitutes the establishment of paternity for purposes of this chapter. If an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity, which is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), creates a rebuttable presumption, as defined by s. 90.304, of paternity and is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier. Both parents must provide their social security numbers on any acknowledgment of paternity, consent affidavit, or stipulation of paternity.
The same chapter goes on to state in subsection (4) “After the 60-day period referred to in subsection (1), a signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger, and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge, except upon a finding of good cause by the court.” This was an issue in the case Heather v. Spencer, et. al., 5D2023-3261 (Fla. 5th DCA October 18, 2024).
This brief appellate opinion does not provide background information, but it appears a male filed a petition to establish his paternity which was denied. The opinion states “Appellant argues that the trial court erred when it determined he failed to meet his burden to rebut the presumption of paternity even though the trial court expressly found that the voluntary acknowledgement was the product of fraud. See § 742.10(1), (4), Fla. Stat. (2023). We agree.” The court concluded “Based upon the undisputed evidence and the trial court’s finding of fraud, the basis for denying the petition was in error. We therefore reverse and remand for further proceedings.”
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