Ex-Husband Wants to Challenge New Husband's Paternity

[oomphoo]

My question involves paternity law for the State of: FLORIDA


I was married for four years, and my wife was having an affair for the last month or so. She did not admit to the affair until the paperwork was finished and I was gone, but it didn't seem important at the time. I left in 11/07, and the divorce was finalized in 12/07. Sometime around 3/08 I found out she was pregnant, it didn't strike me as odd at all given the affair, and one of the reasons for the divorce was that I didn't want kids yet.
I had virtually no contact with her at all from the time I left until last week. She called and told me that she wasn't sure who the child's father was, so I went back and checked the dates for the first time. The child was born in 8/08, and it looks like she conceived the week that I moved out.
The child is now 2 years old, and I have a gut feeling that she is mine. Since learning that she questions the paternity, and figuring the dates I purchased an at-home informational paternity test and have taken it. I'm waiting on results, but like I said before I have a VERY strong feeling that she is my child. Here's where it might get more complicated...
Mt ex-wife and her affair were married before the birth of the child and he signed the birth certificate, which to my understanding, makes her a child of marriage and gives him legal rights as the father. I read something in the hundreds of sites I have visited that it makes a difference since the child was born less than 300 days after a divorce?

If it makes any difference I am quite sure I can prove that she was pregnant, and that I had no idea of that fact, by the time the divorce had been finalized. I didn't have to go to court for the final hearing, I just signed that I wasn't contesting anything and left, she filed and she went to the court preceedings. I've been told that the judge specifically asks if you are pregnent, and I presume that had she said yes we would have been forced to deal with this issue way back then.


If this is my child I want joint custody, regular visitation, and I want to ensure that she comes to me in the event that something happens to my ex-wife. What can I expect, and how do I go about making all of this happen?

[mamabear2102003]

I hope that someone here can give you a reasonable answer to this question, because it seems like in this case there is a definite contradiction of law. If the 300 day rule applies, and the presumption of paternity in marriage applies, which is held as the higher standard? I was just reading about Oregons law, which now has a condition to REBUT the paternity, but nothing to establish paternity in cases such as these. If I'm reading the statutes correctly, it seems that the marriage presumption holds strongest in most cases, but it fails to address WHICH marriage when things like this happen.

Check around for a local family law atty that offers low/no cost consults and see what s/he has to say.

[LawResearcherMissy]

The child was born in 8/08, and it looks like she conceived the week that I moved out.

*facepalm*

Situations like yours are why folks in the process of divorcing are advised NOT to have sex with their soon to be ex spouses.

Wait for the informational results to come back. It they point to you as Dad, you're going to need an attorney. You can get a low cost consultation through the Florida Bar Lawyer Referral Service at 1-800-342-8011

[oomphoo]

*facepalm*

Situations like yours are why folks in the process of divorcing are advised NOT to have sex with their soon to be ex spouses.

I agree....honestly I don't remember having sex with her after we agreed to divorce, but it's been several years and I could be wrong.

I called a local family law practice, and they pretty much told me to retain a lawyer immediately and that it would get very expensive....she didn't sound optimistic at all.

[LawResearcherMissy]

I called a local family law practice, and they pretty much told me to retain a lawyer immediately

They did you a disservice.

You can't even remember if you had sex with this woman after you agreed to divorce, and all you've got is this vague "strong gut feeling" about this child.

Until you have more than that - like the results of that informational DNA test or your ex wife and her new husband wanting to go to court over it now - you don't need one. Wait for those test results.

[oomphoo]

True. I will have the results by next Friday and I'll be sure to update here.

Thanks for the advice, and if you have anymore please feel free to share.

[oomphoo]

I've been doing a lot of reading, and I keep coming across articles about a time limit to establish paternity. Can anyone shed a little light on how Florida handles this?

The child is 2 as of last month.

*I'm still waiting on results, should be in today or tomorrow though!

[Dogmatique]

That's not the problem - paternity is already established.

Your problem is the time limit in which you can challenge paternity once it has already been established.

Especially since it involves an intact marriage and in some states that provides an absolute rebuttal to any challenge.

But I'll dig up the statute and see what I can find.

[tman1]

This is not legal advice but...
I think you should let them be. if she is yours, wouldnt it be better if she didnt know? The best thing you can do is tell your ex youll be there for the child no matter what. My guess is you still have feelings for your ex. whats important is the child has a mother and a father who are married. You should really think about how this might affect the child.
Best of luck to you

[oomphoo]