The Presumptions of Privette: Have They Perished with the Coming of Daniel and Disestablishment of Paternity

In Florida, the Supreme Court has ruled that once a child is born during a marriage, they have the right to be considered legitimate, even if they are not biologically related to the husband. This is to protect the best interests of the child. If someone wants to challenge this presumption, they must provide very strong evidence. The court will only allow DNA testing if it is in the child’s best interests. This article discusses what happens when a child is not biologically related to their father, and how it can impact a marriage and the rights of everyone involved. In Daniel v. Daniel, the Florida Supreme Court decided that a man doesn’t have to support a child who is not his biological or adopted child, and for whom he hasn’t agreed to care for after a divorce. This means that even if a child is not biologically related to their dad, the dad is still considered the legal parent and has to support the child. This decision also made it harder for a child to be considered illegitimate in Florida. Before a law was changed in 2006, a man who was told to pay child support had to prove that the mother lied in order to get out of paying. The question was whether the mother’s lie about who the father was counted as a big lie or a little lie. A big lie would mean the man had to prove it within a year. Extrinsic fraud is conduct that prevents a party from bringing their case to court. In Florida, if a wife lies about paternity during a divorce, it is considered intrinsic fraud, which has a time limit for seeking relief. There is also a law that allows a man to disprove paternity and stop paying child support if DNA tests show he is not the biological father. Only the man can bring a case under this law, not the mother. If a person wants to prove they are not the father of a child they’ve been supporting, they have to provide new evidence, like a DNA test, and show they’ve been paying child support. The court has to make sure the DNA test was done properly and that the person hasn’t adopted the child or done anything to prevent the real father from being involved. If the person tries to stop the child from getting support after finding out they’re not the father, they won’t get any relief. The person still has to pay child support during the process, but the court can hold the payments until everything is decided. If the person is denied relief, they have to pay the legal fees. The decision only applies to future child support, not past payments. The court doesn’t have to appoint someone to decide what’s best for the child, and the person can do the DNA test even if the other parent doesn’t know. If a man believes he is not the biological father of a child born during his marriage, he can now take the child for DNA testing after the divorce is finalized, without involving the court. This may cause problems for the child and disrupt their relationship with all adults involved. The law doesn’t consider how long the father has been in the child’s life or how involved he is. The law about establishing who is a child’s father has been changed. If a man has been taking care of a child as their legal father for a while, it’s not fair to suddenly say he’s not the father just because he’s not the biological dad. The new law says that the child’s birth certificate will be changed to show the new father’s name if needed, but only if it’s in the child’s best interest. It’s important to be kind to children and not hurt them with the law. Adults should not treat children as expendable when their relationships fall apart. The law should discourage adults from disestablishing paternity, as it may be unconstitutional and unfair to the children. Children have the right to know their true father, and changes in laws and societal values should consider their best interests. In Florida, there are laws about disestablishing paternity, which means removing the legal role of being a father. This can happen if a DNA test shows that someone is not the biological father of a child. The law has rules about when disestablishment of paternity can happen, and it can be a complicated process. There are also specific rules for getting a DNA test and going to court to prove someone is not the father. These laws are important because they affect children and families. Susan W. Savard is a lawyer in Orlando who is involved in family law. She is part of different legal organizations and is dedicated to helping the public with their legal needs. This column is written on behalf of the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/the-presumptions-of-privette-have-they-perished-with-the-coming-of-daniel-and-disestablishment-of-paternity/