[JODIHEBE]

My son was born in November in Florida and the father signed the birth certificate. It was not until this morning at the child support hearing he testified under oath that he is the father of my son and then at the end of it all he decided to state that he wants a paternity test. I was wondering how long after the signing and acknowledgement of paternity on the birth certificate and subsequent acknowledgement of paternity form can he contest it. I think there is a time frame to contest it but I am not sure. I know it is not an issue as to who the father is but I will not get any help with my baby until after 2 more hearings. If anyone knows the time frame that would he very helpful. Thanks!

[smoothy]

Push for DNA testing to be done... there will be no contesting that. Its absolute proof of paternity.

[ScottGem]

It appears to be 60 days: Under Florida law 742.10 Establishment of paternity for children born out of wedlock.—

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.

What this means is since he previously acknowledged paternity more than 60 days ago, then he can only claim that there was fraud or he acknowledged under duress.

As for support, support will be awarded back to when you filed. So even if he delays when payments start, the clock is running and he will have to make up from when you filed.

[JODIHEBE]

Thank you that is very helpful. I know that he is only trying to stall the payments, he just does not understand that he is not going to get a tax return for a few years. It is just upsetting for me as to this has already drug on for 8 months and he has not helped with anything. He has not even seen his son in 6 months. Next he is going to be filing a parenting plan and want to actually take the child for visitation. He does not even know his son. I am getting an attorney to battle for supervised visitation. So basically the court will say no DNA test based on the facts? He signed the acknowledgement of paternity and stated under oath this morning that he was the father and it has been over 60 days.

[ScottGem]

Thank you that is very helpful. I know that he is only trying to stall the payments, he just does not understand that he is not going to get a tax return for a few years. It is just upsetting for me as to this has already drug on for 8 months and he has not helped with anything. He has not even seen his son in 6 months. Next he is going to be filing a parenting plan and want to actually take the child for visitation. He does not even know his son. I am getting an attorney to battle for supervised visitation. So basically the court will say no DNA test based on the facts? He signed the acknowledgement of paternity and stated under oath this morning that he was the father and it has been over 60 days.

I don't know. Based on his signing the acknowledgement more than 60 days ago and reaffirming paternity in court, it is possible the court will tell him its too late to challenge. Or they may decide to be absolutely sure and order a test.

[Fr_Chuck]

The funny thing with family court, often they will look at best interest of child, so do not be surprised if they allow the test. In fact, if he pays, perhaps one should be done,