Statute of limitations

Inneedofhelp · #1 10-03-2006, 12:22 PM

I need to know if Florida has a statute of limitations to protest paternity of a child and to get my named removed from the birth cetificate? When the baby was born I had no reason to doubt paternity so I signed the birth certificate. 2 months ago it was suggested to me by a third party that the child was not mine. (The child is 1yr and 10mos old)Well I went and got a DNA test done on the two of us(the child and myself) and lo and behold I am not her biological father. So what steps do I need to take to get this situation straightened out? Any help would be great.

rmet4nzkx · #2 10-03-2006, 12:40 PM

Since you signed an acknowledgement of paternity, you will have to petition the ocurt to disestablish paternity, there is a new statute re this issue so you would be wise to consult a local attorney as to the timing of your petition.
http://www.flhouse.gov/Sections/Docu...8&Session=2006
You will most likely be required to submit to a court ordered DNA test as well. Depending on your relationship with the child you may want to still maintain some sort of a relationship with the child. You may also ask the court to vacate child support orders.

Inneedofhelp · #3 10-03-2006, 01:34 PM

I do want to maintain a relationship with the child as we are very attached to each other. I'm just reeling with where to start and how to proceed from here.

rmet4nzkx · #4 10-03-2006, 05:01 PM

Are you paying child suport?

Inneedofhelp · #5 10-03-2006, 05:56 PM

Yes I do, but it isn't court ordered. Why can that come back and bite me legally?

rmet4nzkx · #6 10-03-2006, 06:04 PM

Yes especially since you signed an AOP, has she or the child been on state aid? Do you know who the bio dad may be?

Inneedofhelp · #7 10-04-2006, 03:41 PM

How can I get in trouble? As far as I know neither are on any sort of aide. I told her mother about the results of the DNA test and even gave her a copy. She told me she knows who the biological father is, and contacted him. Here's another question, if the mother of the child is willing to help have my name removed from the BC does that somewhat simplify the situation for me? If so how? I love the child,but I don't want to be punished for a mistake that I didn't make(aside from not doubting paternity)I really need to know how to proceed from here.

rmet4nzkx · #8 10-04-2006, 05:27 PM

Since you signed an AOP you will need to petition the court to disestablish paternity and remove your name form the BC, If they have ever been on state aid the state can collect child support from you because you signed the AOP. THe court will test the other man as well. Since you have voluntiarily paid child support, it will be considered a gift. If you still want to have a relationship with the child, that is another issue.

Inneedofhelp · #9 10-05-2006, 12:47 PM

Ok so how long do I have to petition the court? Is there some sort of statute of limitations? The child is nearly 2 yrs old.

rmet4nzkx · #10 10-05-2006, 04:14 PM

As soon as possible because the court may also consider certain statutory limitaitons and your relationship with the child, you may want to consult an attorney to assist you in this matter.