Florida Rulings Paternity – Overcoming the Presumption of Paternity in Florida The presumption that a man married to the biological mother is the legal father of the child may be overcome based on the child’s best interests. “There is a strong presumption ‘that a man married to the biological mother is in fact the legal [...]

In order for a putative father to be precluded from challenging a paternity determination based upon the conduct specified in Fla. Stat. § 742.18(3), he must know that he is not the child’s father and engage in the conduct specified in Fla. Stat. § 742.18(3).   “Although there was evidence to support the finding that the [...]

Appellant argues that DNA test results, which showed that he was not the biological father of the child, constituted newly discovered evidence for purposes of section 742.18(1)… After examination of the text in section 742.18, we find that the plain language in section 742.18 requires a showing of newly discovered evidence in addition to DNA [...]

An erroneous order for genetic testing should be corrected through certiorari proceedings.  “However, this court has held that an erroneous order for genetic testing ‘cannot be corrected through a direct appeal, for the improper genetic testing requiring a blood draw would have already been completed’ and thus any error in the order ‘must be corrected [...]

An action to set aside a judgment of adoption must be filed w/in one year after entry of the judgment. “Two years later, the biological mother moved to vacate the court’s judgment, arguing the adoptive parents fraudulently obtained her consent. The adoptive parents moved to dismiss, contending that Florida’s statute of repose barred the biological [...]

A party can’t request paternity testing just to be sure that the party is the child’s father. “Paternity was not in controversy during the child support proceeding, and Appellee, who was listed as the father on the child’s birth certificate and who requested the testing merely ‘to be sure’ that he was the child’s father, [...]