Wednesday, November 4, 2009

Disestablishment of Paternity

Sometimes, a case turns out the way it is supposed to turn out.

Nearly two years ago, CLP was contacted by a young man who had been sued by the Florida Department of Revenue for child support.  The young man had signed a birth certificiate for a child who he thought was his...until suspicions of infidelity led to the taking of a private DNA test, when the child was less than a year old, which came back with a 0% possibility of paternity.

At first, attorneys at CLP were unable to gain the support of the DOR for dismissing the case against the young man for support, despite the results of the private DNA testing.  However, nearly a year after the DOR's case was filed, attorneys for the DOR finally agreed, based upon the results of the private test, to  stipulate to court-ordered DNA testing.  And when the court-ordered test later came back as anticipated, with a 0% chance of paternity, the DOR agreed to the disestablishment of paternity, and voluntarily dismissed its case against the young man with prejudice.

The decision was a long time coming, but has given one young man peace of mind concerning his financial responsibilities toward a child who is not his.  Hopefully the DOR can find the child's true father, and establish responsibility for support of the child.

Susan A. Calistri
Staff Attorney

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