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Nix Law, P.A. Orlando Family Law For Men
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Paternity Archives

Married Couples, Infidelity, and Paternity

Under Florida law, a married woman's child is presumed to be the offspring of her husband. However, there are instances in which a married woman can allege that her child is the result of an extramarital affair. This will allow her to maintain an action for paternity and support against the man she was involved with, whether he is married or not. The Fl. Dept. of Revenue will bring suit on her behalf which includes establishing paternity. However DOR is bound by law to follow a special process before requiring the man to submit to a DNA test. The 5th DCA recently issued a ruling that confirms the process the Dept. of Revenue must take in order to maintain a paternity action in situations like the one described above. Privette is the seminal case that lays out the proper procedure to handle situations in which a mother seeks to collect child support from an alleged biological father, instead of her husband (the legal father).

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Nix Law, P.A. Orlando Family Law For Men

Nix Law, P.A.
496 Delaney Avenue
Suite 404
Orlando, FL 32801

Phone: 407-674-0849
Fax: 407-429-3890
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