In a paternity unwed/unmarried parents case, two men both sought to be declared the father of a child. In J.A.I. v. B.R., the Florida Court of Appeal stated if a person signs a notarized voluntary acknowledgment of paternity, this acknowledgment creates a presumption of paternity that is rebuttable. When 60 days have elapsed after the signing of the voluntary acknowledgment of paternity, the acknowledgment constitutes an establishment of paternity and may be challenged in court only on the basis of fraud, duress, etc. The burden of proof is then placed upon the challenging party.
Paternity is established when there is a judgment of paternity or by filing affidavits or a stipulation acknowledging paternity. Paternity is also established when a child is born into an intact marriage and is recognized by the mother and husband as being their child. When an unmarried mother and the alleged father get married after the child is born, the child is deemed to be their child. A mother does not have the right to block a father's right to determine paternity by marrying another man while a paternity action is pending.
In J.A.I. v. B.R., the Florida Court of Appeal stated that orders requiring a DNA test for paternity purposes may be reviewed by certiorari. The Court of Appeal reversed the lower court's decision to grant the alleged father's request to require genetic testing. The alleged father filed his request after the 60 day period of time had elapsed.
To speak with a father's rights attorney in Boynton Beach, Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273.