Child Support & Paternity DNA Test

by Anonymous from Florida

An ex girlfriend called me and told me that she just took a DNA test and the guy she thought was the child's father isn't and that I must be the father because I'm the only other person she was with. We tried to make it work but then it didn't.

She put me on child support and when they asked for a DNA test, I denied it because she told me the situation with the other guy & assured me that I was the only person she had been with.

I recently had a child and am engaged and the children look NOTHING alike. I always had doubts but now those doubts are driving me to get a DNA test, stop this child support & get my last name back. How do I start this process because it is not fair if she maliciously lied and tricked me into believing I was the father.

Answer to Florida Child Custody Question

Dear Anonymous,

My best suggestion for you is to seek legal advice.

There are a few circumstances that you mention, and a few too many unknowns to be able to answer your question very well.

The facts that you state: "We tried to make it work but then it didn't."

Does that mean that you lived with her and the child as a family? And for how long?

There have been Florida cases where even though the father was not the biological father he was still ordered to continue child support because he had lived with the mother and helped raise the child.

And the fact that you state: "She put me on child support and when they asked for a DNA test, I denied it ..." might also be problematic for you. Have a look at our Disestablishment of Paternity page for more information.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for
Child Support & Paternity DNA Test

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Need Paternity Test
by: Rob from Florida

The child mother claims I am the father but will not allow a paternity test. How can I get one?
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You can have a paternity test ordered after you are served with the child support paperwork. In your answer, you would request it from the court. If the judge requires it, you can file the Motion for Scientific Paternity Testing, Form 12.983(e). --Staff

Alleged Father Giving Up Rights
by: Anonymous from Florida

My husband and I separated back in 2006. While we were separated he started having relations with a woman. She became pregnant. In 2007 we went to court for paternity. When we went to court we found out that she put my husbands last name on the child without him signing the birth certificate and keep in mind she is married still. She told the judge that she did not want a DNA and her husband was taking full responsibility of the child.

My husband basically gave up his rights. If my husband gave up his rights can she still have his last name if a DNA was never done or he never consented the child being his. And once that child turns 16 can she come back and claim child support.
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It don't see how she can. The child was born to her while she was married and her husband did not contest paternity. That means that the child is legally her's and her husband's. I've heard crazier things, but I don't think just because the child has your husband's last name will make any difference. All I can say is the poor child has a different last name than his family. Just to be sure, use our lawyer referral service and ask a lawyer. --Staff

Establishing Paternity Without DNA Test?
by: Brian from Haines City

I signed my son's birth certificate when he was born. His mother and I lived together from the time he was born until about a month ago (3 years). I want to put myself on child support but my income is not that much about $500.00 biweekly. I have no doubt that he is my son, am I still required to take a DNA test?

-- A DNA test is not necessary unless the issue of paternity is in dispute. However, as an unmarried biological father, it is in your best interest to have your parental rights established by court order. Paying child support is not the same as establishing your parental rights. You should look into filing for Paternity. By doing so, you can have your child support determined, establish a visitation schedule, and have your legal rights as a father established. See the Petition to Determine Paternity form for more information. --Staff

Child Support & Paternity Test
by: Anonymous - florida

So husband got a girl pregnant before we were married and she served him with support since he did sign the birth certificate. But NOW we have kids of our own and my kids look just like their father but her child doesn't look like him at all.

What do we do? He hasn't been able to see him since he was six months old and now he's two. Did we wait too long to get a DNA testing?

--Unfortunately, the answer may be yes, you waited too long. Have a talk with a family lawyer in your county to see if there is any way this can be remedied. Try our free lawyer referral service (see link above), as many lawyers offer free or low cost consultations. --Staff

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