Unmarried father's rights were discussed in a recently decided case captioned State of Florida Department of Revenue v. Augustin. The Florida statutes provide for a mechanism under which men may disestablish paternity and terminate their child support obligation. In order to do this a man must prove seven things. First, that since the initial establishment of the father's paternity, he became aware of newly discovered evidence that proves that he is not the father of the child. Second, a paternity test was properly conducted which demonstrates that he is not the father of the child. Third, that the petitioner is current on his child support payments or that there is a justification for his failure to do so. Fourth, that the petitioner has not adopted the child. Fifth, that the child was not the produce of in vitro fertilization. Sixth, that the petitioner did not take any action to deprive the actual father from asserting his righ ts. Seventh, that the child was less than eighteen years of age when the petition was filed.
Father's Rights Archives
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