While a biological father has the opportunity to establish legal paternity, he also has the ability to terminate his paternal rights if he believes a child is not his. Get the facts on how to terminate paternal rights in Florida to understand your options.
How to Terminate Paternal Rights in Florida
In the state of Florida, a man who has legally acknowledged paternity out of wedlock has the option to rescind his admission later. In order to do so, the legal father must submit:
An affidavit to the Florida courts stating there has been new evidence that has come to light since the initial paternity acknowledgment.
Scientific evidence, such as a genetic test, that proves he is not the child’s father or that another man is.
If the legal father cannot obtain this scientific evidence on his own, he may request the courts to obtain a genetic test. Ideally, the legal father will rescind his legal paternity acknowledgment within 60 days; after this time period, the process becomes more difficult.
It’s important for legal fathers to understand the ramifications of this decision, particularly if an emotional connection exists between the legal father and child. Once paternal rights are revoked, the man who was previously the legal father will not be granted any type of visitation rights and will not be able to participate in any decisions related to the child’s care and upbringing.
It is, however, a good option for men who have been mandated to pay child support for a child that is not his.
Regardless of whether you are in the 60-day rescission period or it has already ended, our experienced Jacksonville family law attorneys can help you reach a resolution you’re happy with. If you have paternal rights to a child you believe is not yours, do not hesitate to reach out to us today.
Contact Owenby Law, P.A. at (904) 770-3141 to learn how we can help you.