Miami family law attorney blog
Viewing entries tagged
Florida Paternity Case
Posted by Nydia Streets of Streets Law in Florida Paternity
If a man listed on a birth certificate in Florida, and later DNA testing confirms he is not the biological father, is he automatically removed from the birth certificate? The short answer is no, because biology alone does not determine legal paternity in Florida. This was an issue in the case Bronner v. Longden, 4D2024-0638 (Fla. 4th DCA December 18, 2024).
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.
Posted by Nydia Streets of Streets Law in Florida Paternity
Once paternity of a child is established, there are limited circumstances under which paternity can be disestablished. Florida generally recognizes out-of-state orders establishing paternity. Disestablishment of paternity was an issue in the case Gragg-Rivera v. Gragg, 5D2023-1566 (Fla. 5th DCA July 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Paternity
If DNA testing shows a male is not related to a child, does this mean the male is not the legal father of the child? If the male is listed on the birth certificate, he is the legal father until otherwise determined. Biological connection is not the determining factor in establishing legal parenting rights over a child. This was an issue in the case N.D. v. J.B., 2D23-686 (Fla. 2d DCA March 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A recent appellate case seems to test many parts of Florida paternity laws where a man who believed he was the biological father of a child born outside of wedlock was proven wrong on both fronts. The case is Orosco v. Rodriguez, 6D23-1415 (Fla. 6th DCA December 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Paternity
Does being on a birth certificate give a father any parenting rights in Florida? According to Florida Statutes, the mother of a child born outside of wedlock is considered the natural guardian of the child and is entitled to full care, custody and control of the child until a court order is entered stating otherwise. See Fla. Stat. 744.301(1). This was an issue in the case Moritz v. Stonecipher, 4D22-2999 (Fla. 4th DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Paternity
How long does a party have to appeal a Florida family law order? Generally the rule is 30 days with some exceptions. Following the specific deadline for the type of order you are trying to appeal is important to ensure the appellate court has jurisdiction to consider your appeal. What if a party claims he or she never received a copy of the order he or she wanted to appeal, and therefore did not know the 30 days had passed? This was an issue in the case Diasolwa v. Burneikis, 3D21-0899 (Fla. 3d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
What is a sperm donor under Florida law? Parties who agree to have a child via at home insemination kits likely do so to save money involved with going through a laboratory to complete in vitro insemination. How does this process affect paternity? This was an issue in the case Enriquez v. Velasquez, 5D21-1542 (Fla. 5th DCA November 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
If my child was removed from the state of Florida without my consent, can I file a petition for child custody in Florida? This is a question asked by many parents who feel their child was wrongfully removed from Florida. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is what a Florida court will look to when deciding if there is jurisdiction over a child custody case. This was an issue in the case Chatani v. Blaze, 3D21-2321 (Fla. 3d DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
Can a father request a DNA test at any time in Florida? The simple answer is no. Once a father acknowledges paternity by affidavit and he does not rescind that acknowledgement within 60 days, his paternity is confirmed and can only be challenged on grounds of fraud, duress or material mistake of fact. This was an issue in the case Dept. of Rev. o/b/o Zelaya v. Trochez, 3D22-0795 (Fla. 3d DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
Establishing legal paternity of a child in Florida is not based on DNA testing alone. A child may be raised by a parent who is on the birth certificate, but is not biologically related to the child. Disestablishment and establishment of paternity was an issue in the case Castillo v. Rodriguez, 3D20-681 (Fla. 3d DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Paternity
When a Florida final judgment of paternity is inconsistent, a party may challenge the judgment by filing a motion for rehearing or ultimately, an appeal. An unclear judgment may be difficult for parties to follow so it is important to clear up any confusion. This was an issue in the case A.A. v. D.W., 2D20-234 (Fla. 2d DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Paternity
Due process in a Florida paternity case requires that both parties have adequate notice of what will happen at a hearing. For example, a hearing that is noticed as non-evidentiary which turns into an evidentiary hearing is normally not proper. This was an issue in the case Perez v. Maldonado, 3D21-767 (Fla. 3d DCA July 21, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Supervised time-sharing can be ordered in a Florida parenting plan when it is in the best interest of a child. A recent Florida Supreme Court case, C.N. v. I.G.C., No. SC20-505 (Fla. Apr. 29, 2021), makes it clear that when supervised visits are ordered, a court does not have to specify steps the parent must take to regain unsupervised visits. This is illustrated in the case Piccinni v. Waxer, 5D20-528 (Fla. 5th DCA May 14, 2021).
Posted by Nydia Streets of Streets Law in Florida Paternity
Can a party be held in contempt for failure to pay court-ordered attorney’s fees in a Florida family law case? If the party willfully refuses to pay (meaning he or she has the ability to pay but chooses not to), an order of contempt may be entered. The penalty could include jail time or other coercive measures. This was an issue in the case Williams v. Samuels, 2D20-967 (Fla. 2d DCA February 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Attorney’s fees can be awarded in a Florida paternity case where the financial resources of the parties are disproportionate. This award can be made without regard to who ultimately prevails in the case. An award of fees is determined in two parts - first the entitlement to fees and then the r
Posted by Nydia Streets of Streets Law in Florida Child Support
How long does it take to establish paternity in Florida? The answer depends on what issues are disputed in the case - if parties do not agree on time-sharing, for example, this may mean lengthy litigation. Disputes over calculation of child support can also take time. In the case D.H. v. J.H., 2D19-3968 (Fla. 2d DCA January 20, 2021), the parties were involved in a paternity lawsuit for more than two years.
Posted by Nydia Streets of Streets Law in Florida Paternity
When can a party ask for disqualification of the opposing lawyer in a Florida family law case? If the lawyer is deemed to have formed an attorney-client relationship with both parties in the same case, disqualification of the lawyer may be appropriate. In the case L.E.B. v. D.D.C., 2D19-4372 (Fla. 2d DCA September 25, 2020), the issue of disqualification of a legal aid attorney arose.
Posted by Nydia Streets of Streets Law in Florida Child Support
What happens when there is a delay between a trial and the date the final judgment is actually entered? Sometimes when too much time has passed, details can be forgotten and evidence becomes stale. An appeal of the final judgment may be necessary when there are differences between the findings made at the hearing and what is included in the order. A delay in entering the final judgment was an issue in the case Tavares v. Enoch, 4D19-2135 (Fla. 4th DCA August 5, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A court-ordered Florida parenting plan usually cannot be based on future, speculative events. This is because no one knows the best interest of a child for most future events. This was an issue in the recent case C.G. v. M.M., 2D19-857 (Fla. 2d DCA May 20, 2020).
