Disestablishment of Paternity in Florida | Lane & Associates

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 Former Husband should have suspected that he was not the child’s biological father, there was no evidence to support a finding that he did in fact know that he was not the child’s father at the time he signed the child’s birth certificate…The language of subsection (3), however, clearly refers to the male engaging in these acts ‘after learning that he is not the biological father of the child.’ § 742.18(3)…We recognize that our conclusion here conflicts with the First District’s opinion in Hooks v. Quaintance, 36 Fla. L. Weekly D2214 (Fla. 1st DCA Oct. 6, 2011).” P.G. v. E.W.

Archives

FindLaw Network