Is a DNA Test Required to Prove Paternity in Florida?

Once upon a time, proving paternity was difficult. Judges had to use their best judgment to determine if a man appearing in court really fathered a child.

Today, courts have a powerful tool for identifying paternity: the DNA test. Some people wonder if a DNA test is always required, and the answer is no. Parents always have the power to voluntarily acknowledge paternity, which many of them do . However, testing is more likely when there is a dispute about paternity.

When a dispute erupts, then a judge usually orders a DNA test. Anyone involved in a paternity action should understand the risks that come with having their blood sample taken for testing.

A Court’s Power to Mandate DNA Testing

Florida law allows a court on its own motion to require a man, woman, and child to submit to scientific testing. A DNA test is the most common test ordered.

Typically, a party must establish reasonable grounds for the court to think that the man might be the father. For example, a mother will need to allege facts showing it was reasonably probable she has sexual relations with the man to conceive the child.

A court is not required to order testing simply because someone requests it. That would be highly invasive. Instead, a person needs to come forward with facts that make a judge think that it is probable that a particular man is the father.

If you suspect that someone has made a frivolous accusation that you are the father of their child, your lawyer can object to the test.

We see testing when there is a dispute around paternity:

• The man seeks paternity, but the mother denies it. Sometimes a man wants to establish paternity to establish a right to access. A mother might resist because she believes another man is the father or wants the potential father out of her or the child’s life.
• The man denies paternity, but the mother or the state seeks to establish paternity. This is a common situation. Along with parental rights comes financial responsibility to support a child. A man might deny paternity out of a hope of avoiding paying child support. A mother can seek to establish paternity for the same reason. The state of Florida is also eager to have men support their children, so the state could be involved as well.

A DNA test provides a clear, unambiguous answer to whether a man is the biological father of a child. Either parent might ask the court to mandate a DNA test, and, in some cases, the state may make a request.

Under the law, the parties should split the cost of testing, although you can reach an agreement for one side to pay most or all of the cost.

Contact a Miami Paternity Lawyer

DNA testing is invasive. Although the court will endeavor to keep your DNA information private, there are risks involved. Sometimes information leaks out. As experienced Miami paternity lawyers, we encourage men to think carefully about whether they should challenge a paternity action. High net-worth individuals are sometimes targeted by dishonest people.

Contact Hamilton O’Neill today to speak with a member of our legal team. We can explain paternity actions in more detail and endeavor to answer your questions. You can schedule a private consultation by calling 305-371-3788.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0742/Sections/0742.12.html