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Defenses to Paternity in Florida

Defenses to Paternity in Florida

Get insight on common defenses and challenges to paternity in Florida, including fraud, duress, intact-marriage issues, and the statute of limitations.

Paternity establishes a man’s legal rights and responsibilities as a father, including child support obligations. However, there are situations where paternity may be contested due to fraud, duress, or other legal grounds. Understanding the defenses to paternity in Florida is crucial for protecting your rights and ensuring a fair outcome.

There are several defenses to paternity that can be used in Florida. This article will cover the key defenses and explain how a person can challenge paternity in various family situations.

In this article, we’ll break down:

How to Defend Against a Paternity Petition in Florida

Defending against a paternity petition in Florida requires a clear understanding of the legal grounds for filing a petition and the evidence needed to challenge a claim. Being legally named the father can result in significant responsibilities, including child support obligations, making it crucial to challenge the petition if the accusation is unfounded.

The most common defenses and challenges arise under Florida Statute 742 and nearly always involve claims of fraud, duress, or material mistake of fact. Other scenarios include challenges to the marital presumption of paternity, attempts to overturn voluntary acknowledgments, disputes arising from existing judgments, and statute-of-limitations defenses. These defenses as well as others are discussed below.

A Biological Father Can Challenge Paternity in Favor of Another Man

Paternity lawsuits aren’t always brought by men who are falsely or erroneously accused of being the father. In some cases, the petition is filed by a biological father who wishes to claim paternity after another man has been named in his stead.

Florida Statutes § 742.10(4) allows a biological father to challenge a voluntary acknowledgment of paternity if the acknowledgment was obtained through fraud, duress, or material mistake of fact.

In the case of In Interest of Y.R-P., 228 So.3d 628 (2017), a biological father came forward after learning the mother and another man had executed a voluntary acknowledgment. The court held that the biological father had been excluded from the paternity process and had the right to challenge the acknowledgment of paternity as it was obtained through coercion.

What Are the Steps to Challenge an Acknowledgment of Paternity?

Challenging an acknowledgment of paternity can be a difficult and lengthy process, as the petitioning individual must show they have grounds for the challenge and present admissible evidence.

The legal steps include:

  1. Filing a petition alleging statutory grounds (fraud, duress, or mistake).
  2. Requesting an evidentiary hearing.
  3. Presenting DNA results, text messages, financial records, or witness testimony supporting the claim.
  4. Asking the court to set aside the acknowledgment and establish paternity.

One case that highlights the evidentiary requirements is Bronner v. Longden. The child’s mother and another man had signed a voluntary acknowledgment of paternity. The biological father later discovered the truth and claimed the acknowledgment was based on fraud and material mistake. The trial court dismissed the case without a hearing, but the appellate court reversed, holding that allegations of fraud, duress, or mistake require a full evidentiary hearing which can be lengthy.

See: Bronner v. Longden, 398 So.3d 1015 (2024)

A Biological Father Can Challenge the Paternity of the Mother’s Husband

The default assumption in Florida law is that a child born during an intact marriage is the legal child of the husband. This presumption provides a strong defense against paternity claims by third parties, as can be seen in the case of G.F.C. v. S.G. where the court held that when a child is accepted by both husband and wife, paternity is established “by law or otherwise,” and outside parties are barred from bringing paternity actions.

See: G.F.C. v. S.G., 686 So.2d 1382 (Fla. 5th DCA 1997)

However, there are rare cases where this presumption has been overruled. In Perkins v. Simmonds, the court noted that the presumption can be overcome if “common sense and reason are outraged” by applying it.

See: Perkins v. Simmonds, 227 So.3d 646 (Fla. 3d DCA 2017)

Challenging Paternity When You Are Married to the Child’s Mother

It’s very difficult for a married man to disestablish paternity in Florida, but it is possible if he has strong evidence that he isn’t the child’s father. However, the situation becomes even more complex and emotionally challenging if a man believes he is not the biological father of a child born during his marriage, as the law strongly presumes that the husband is the legal father.

To challenge the presumption of paternity, a married man must:

  1. File a petition for the disestablishment of paternity.
  2. Present newly discovered evidence (often DNA results).
  3. Demonstrate no willful failure to pay existing child support.
  4. Show that the evidence was previously unavailable.

To learn more about disestablishing paternity in Florida, including issues related to child support, please read our comprehensive article on this issue which can be found here.

Challenging Paternity When There Is a Final Judgment

Generally speaking, once paternity has been established through a final judgment, that judgment is final. Meaning, paternity cannot be challenged at a later date. This principal can be seen in the case of Department of Revenue ex rel. Stephens v. Boswell, in which the court held that once paternity is established through a final judgment, the issue cannot be relitigated unless the challenge is brought under Rule 1.540(b).

See: Department of Revenue ex rel. Stephens v. Boswell, 915 So.2d 717 (2005)

Statute of Limitations for Paternity Cases

While paternity challenges and petitions usually occur while the child is still young, there are reasons that a parent may wish to establish paternity of a child nearing adulthood. Under Florida Statutes § 95.11(3)(b), a paternity action must generally be brought within four years after the child reaches majority.

This applies broadly to paternity actions, including those filed for inheritance disputes. Some examples of cases where this rule was applied include: In re Estate of Smith, 685 So.2d 1206 (1996) and Rose v. Sonson, 208 So.3d 136 (2016).

Tolling of the Statute of Limitations

The statute of limitations may be paused for several reasons. This pause is known as tolling. Voluntary child support payments could pause the statute of limitations, as could the minority age of the child. Even with tolling, court action must commence within seven years of the event giving rise to the claim.

What Should You Do When Faced With a Paternity Lawsuit in Florida?

Paternity lawsuits can have significant legal and financial consequences, but Florida law provides several ways to protect your rights. Whether you’re defending your rights as the acknowledged father, have a statute of limitations defense, or are challenging paternity due to fraud, duress, or a mistake, understanding the legal process is essential.

If you’re faced with paternity litigation in Florida, a good piece of advice is to speak with an experienced family law attorney like Larry Schott. He will take the time to answer your questions and help you evaluate your rights.

Contact Larry Schott or call our office at (954) 880-1302 to discuss your case or book a consultation.

Please Note: The information above is for informational purposes only and should not be relied upon as legal advice as each case is unique and each case should be evaluated on its own merits. The above are not the only defenses that may be asserted in a paternity case; however, these are common arguments made in Florida courts. Each case is different, and each case must be evaluated based on its own merits. Therefore, we strongly recommend talking with a licensed Florida lawyer to learn your rights for your particular facts and circumstances.