Paternity in Palm Beach County, Florida
A. Establishing Paternity in Palm Beach County, Florida.
Florida law provides that in a proceeding to establish paternity, the court may require the child, mother, and alleged fathers to submit to scientific tests that are generally acceptable within the scientific community to show a probability of paternity. The court will direct that the tests are to be conducted by a qualified technical laboratory.
The test results, together with the opinions and conclusions of the test laboratory, shall be filed with the court. Any objection to the test results must be made in writing and must be filed with the court at least ten (10) days prior to the hearing. If no objection is filed, the test results will be admitted into evidence without the need for predicate to be laid or third-party foundation testimony to be presented. A party may then call an outside expert witness to refute or support the testing procedure or results, or the mathematical theory upon which they are based. When the Court enters an order requiring scientific testing, the court must inform each person to be tested of the procedure and requirements for objecting to the test results and the consequences of the failure to object.
Test results are admissible in evidence and should be weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds ninety-five (95%) percent. A statistical probability of paternity of ninety-five (95%) percent or more creates a rebuttable presumption that the alleged father is the biological father of the child. If a party fails to rebut the presumption of paternity which arose from the statistical probability of paternity of ninety-five (95%) percent or more, the court may enter a summary judgment of paternity. If the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice.
If the test results or the expert analysis of the inherited characteristics is disputed, the court, upon reasonable request of a party, shall order that an additional test shall be made by the same laboratory or an independent laboratory at the expense of the party requesting additional testing. Verified documentation of the chain of custody of the blood or other specimens is competent evidence to establish the chain of custody.
The fees and costs for scientific tests shall be paid by the parties in proportions and at the times determined by the court unless the parties reach a stipulated agreement which is adopted by the court.
Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court to determine the paternity of the child when paternity has not been established by law or otherwise. Hearings for the purpose of establishing or refuting the allegations of the complaint and answer shall be held in the chambers and may be restricted to persons, in addition to the parties involved and their counsel, as the judge in his or her discretion may direct. The court shall determine the issues of paternity of the child and the ability of the parents to support the child. Each party’s social security number shall be recorded in the file containing the adjudication of paternity. If the court finds that the alleged father is the father of the child, it shall so order.
If appropriate, the court will order the father to pay the complainant, her guardian, or any other person assuming responsibility for the child moneys sufficient to pay reasonable attorney’s fees, hospital or medical expenses, cost of confinement, and any other expenses incident to the birth of the child and to pay all costs of the proceeding. Bills for pregnancy, childbirth, and scientific testing are admissible as evidence without requiring third-party foundation testimony, and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child. The court will order either or both parents owing a duty of support to the child to pay child support. The court will issue, upon motion by a party, a temporary order requiring the provision of child support pending an administrative or judicial determination of parentage, if there is clear and convincing evidence of paternity on the basis of genetic tests or other evidence. The court may also make a determination as to the parental responsibility and custody and visitation of the minor children.
B. Termination of Paternity Related Child Support Obligations
in Palm Beach County, Florida.
Florida law establishes circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child. If the child support obligation was determined administratively and has not been ratified by a court, then the petition must be filed in the circuit court where the mother or legal guardian or custodian resides. Such a petition must be served on the Department of Revenue and on the mother or legal guardian or custodian. If the mother or legal guardian or custodian no longer resides in the state, the petition may be filed in the circuit court in the county where the petitioner resides. The petition must include: (a) an affidavit executed by the petitioner that newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of a child support obligation; (b) the results of scientific tests that are generally acceptable within the scientific community to show a probability of paternity, administered within ninety (90) days prior to the filing of such petition, which results indicate that the male ordered to pay such child support cannot be the father of the child for whom support is required, or an affidavit executed by the petitioner stating that he did not have access to the child to have scientific testing performed prior to the filing of the petition. A male who suspects he is not the father but does not have access to the child to have scientific testing performed may file a petition requesting the court to order the child to be tested; (c) an affidavit executed by the petitioner stating that the petitioner is current on all child support payments for the child for whom relief is sought or that he has substantially complied with his child support obligation for the applicable child and that any delinquency in his child support obligation for that child arose from his inability for just cause to pay the delinquent child support when the delinquent child support became due.
The court will grant relief on a petition upon a finding by the court of all of the following: (a) newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of a child support obligation; (b) the scientific test was properly conducted; (c) the male ordered to pay child support is current on all child support payments for the applicable child or has substantially complied with his child support obligation for the applicable child and any delinquency in his child support obligation for that child arose from his inability for just cause to pay the delinquent child support when the delinquent child support became due; (d) the male ordered to pay child support has not adopted the child; (e) the child was not conceived by artificial insemination while the male ordered to pay child support and the child’s mother were in wedlock; (f) the male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child; (g) the child was younger than 18 years of age when the petition was filed.
Notwithstanding the foregoing, a court will not set aside the paternity determination or child support order if the male engaged in the following conduct after learning that he is not the biological father of the child: (a) married the mother of the child while known as the reputed father as provided by Florida Statute and voluntarily assumed the parental obligation and duty to pay child support; (b) acknowledged his paternity of the child in a sworn statement; (c) consented to be named as the child’s biological father on the child’s birth certificate; (d) voluntarily promised in writing to support the child and was required to support the child based on that promise; (e) received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded; or (f) signed a voluntary acknowledgment of paternity as provided by Florida Statute.
In the event relief is granted, relief shall be limited to the issues of prospective child support payments and termination of parental rights, custody, and visitation rights. The male’s previous status as father continues to be in existence until the order granting relief is rendered. All previous lawful actions taken based on reliance on that status are confirmed retroactively but not prospectively. A cause of action to recover child support that was previously paid is not created by the aforementioned provisions.
The duty to pay child support and other legal obligations for the child is not suspended while the petition is pending except for good cause shown. However, the court may order the child support to be held in the registry of the court until a final determination of paternity has been made.
If the scientific test results are provided solely by the male ordered to pay child support, the court on its own motion may, and on the petition of any party shall, order the child and the male ordered to pay child support to submit to applicable scientific tests. The court shall provide that such scientific testing be done no more than thirty (30) days after the court issues its order.
If the male ordered to pay child support willfully fails to submit to scientific testing or if the mother or legal guardian or custodian of the child willfully fails to submit the child for testing, the court will issue an order determining the relief on the petition against the party so failing to submit to scientific testing. If a party shows good cause for failing to submit to testing, such failure shall not be considered willful. A child is not prevented from reestablishing paternity under Florida law.
The party requesting applicable scientific testing shall pay any fees charged for the tests. If the custodian of the child is receiving services from an administrative agency in its role as an agency providing enforcement of child support orders, that agency shall pay the cost of the testing if it requests the test and may seek reimbursement for the fees from the person against whom the court assesses the costs of the action.
If the relief on a petition filed in accordance with this section is granted, the clerk of the court shall, within thirty (30) days following final disposition, forward to the Office of Vital Statistics of the Department of Health a certified copy of the court order or a report of the proceedings upon a form to be furnished by the department, together with sufficient information to identify the original birth certificate and to enable the department to prepare a new birth certificate. Upon receipt of the certified copy or the report, the department shall prepare and file a new birth certificate that deletes the name of the male ordered to pay child support as the father of the child. The certificate shall bear the same file number as the original birth certificate. All other items not affected by the order setting aside a determination of paternity shall be copied as on the original certificate, including the date of registration and filing. If the child was born in a state other than Florida, the clerk shall send a copy of the report or decree to the appropriate birth registration authority of the state where the child was born. If the relief on a petition filed in accordance with this section is granted and the mother or legal guardian or custodian requests that the court change the child’s surname, the court may change the child’s surname. If the child is a minor, the court shall consider whether it is in the child’s best interests to grant the request to change the child’s surname.
The rendition of an order granting a petition filed pursuant to this section will not affect the legitimacy of a child born during a lawful marriage.
If relief on a petition is not granted, the court will assess the costs of the action and attorney’s fees against the petitioner.
An individual may also seek relief from a final judgment, decree, order, or proceeding pursuant to the Florida Rules of Civil Procedure, or may challenge a paternity determination pursuant to applicable Florida law.
