Saturday, December 17, 2011

Challenging Paternity - UPDATE #2

Back on November 5, 2011, (see below) I mentioned that to bring a successful disestablishment of paternity action you must have: (1) newly discovered evidence and (2) DNA test results. The DNA test results could not be the only new evidence.

Just in case you weren't confused enough, Florida's Second District Court of Appeal just handed down a conflicting opinion. In the new case, a husband initially had doubts that he was the biological father of his son. He was assured by his wife that he was the biological father. The couple eventually divorced and child began living with the husband. About 5 years later, the husband obtained DNA test results showing that he was not the child's biological father.

The Second DCA held that since the husband thought he was the biological father of the child, the DNA test results could be used as the newly discovered evidence. The conflicts with the First DCA case (see below) which (I think) would not have allowed the use of the DNA test as the new evidence since the husband had initial doubts about paternity.

Due to this conflict between the appellate courts, the Florida Supreme Court will likely resolve the conflict - eventually.

This is another reason why it is important to challenge paternity in your divorce case if you have ANY doubt at all. This case is also another reason why you should hire an experienced Jacksonville Divorce Attorney.