[american.tuscani]

My question involves paternity law for the State of: FL

I just found out a woman claims that I am the father of a now 3 1/2 yr old child. Now, I had relations with this woman in that time frame but she also was very involved with another. Her and the man at the time of birth signed the paternity acknowledgement and he is named on the birth certificate. They had a falling out recently and now she wants me to submit to a DNA test. I heard of a Florida statute that stated a time limit on how long a parent can challenge the paternity. Not that I care about child support, but the child only knows this man as his father, and the child has no idea who I am, so would the state seek out the other man in the interests of the child? For the record, they were never married and he had a feeling the child was not his but wanted to care for her and the child anyway which is why he signed the papers. he wanted to be a dad. The reason I do not want to do a DNA test is because I am now married and I don't want my wife to know about some possible upsetting news. Does she have a case if she pursues it?

[queenie2]

I believe you're referring to this statute from the following link:

http://www.flsenate.gov/Statutes/ind...n%2010#0742.10

742.10* Establishment of paternity for children born out of wedlock.--
(4)**After the 60-day period referred to in subsection (1), a signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger, and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge, except upon a finding of good cause by the court.

The bolded part shows the conditions under which voluntary acknowledgement of paternity can be overturned after the 60-day period. It's possible that the other man will be able to disestablish paternity, but it's also possible that, after 3.5 years, it will not be allowed. In any case, he will be responsible for child support. If he goes to court to disestablish paternity, he will still be responsible until the case is decided. If he successfully challenges paternity in court, then you will be ordered to submit to paternity testing. Until then, you do not have to take the test.