September 11, 2022

What If The Child Isn't Yours?

It can be devastating to learn that the child you've raised for years is not yours biologically. In the mist of it all, you're probably wondering to yourself, "What happens now, and do I have any right?

If these are some of your questions, continue reading to learn more about Florida's paternity laws. 

What Is Misattributed Paternity?

Misattributed paternity occurs when one person is believed to be the biological parent of a child, partakes in childrearing, and later learns there isn't a biological connection. Some courts call it paternal discrepancy.

What Happens If You Were Married Or Unmarried During The Misattribution?

Before D.N.A. tests became common, judges could only presume that you were the child's father if you were married to the child's mother at the time of birth. This notion was called the presumption of paternity. No alternative explanation for the child's conception was considered. In other words, you are the father for all legal purposes. You are obligated to the child just as any other dad would be.

Before considering filing for divorce, you should know that you might still have to pay child support, even if you aren't the biological father.

If you weren't married during the conception and birth of the child, there's a chance you'll still be financially responsible for the child if you signed a Voluntary Acknowledgement of Paternity Form. If you weren't married at the time of conception, but you later marry, then the presumption of paternity might apply so that it's as if the child was born in wedlock. Some judges may make it hard for you to avoid future responsibilities to the child because the child's best interests tend to come first.

Consistent financial support is always in a child's best interest.

You might think, "If I want to get a divorce because the child is not mine, will I still be responsible for paying child support? Does it matter that my name is on the birth certificate?"

 If you find yourself asking these questions and/ or are in this predicament, and you want to know what your options are going forward, contact The Joseph Firm, P.A. at (305) 501-0992 or contact us online.

We are knowledgeable Florida misattributed paternity attorneys, and we're here to help you. It's imperative that you contact an experienced Florida misattributed paternity attorney immediately. A misattributed paternity attorney can help you establish a case and inform you of any potential legal recourse options that are at your disposal. Time is of the essence, so don't wait. Call The Joseph Firm, P.A. by calling (305) 501-0992 or contact us online.