Section 742.18 of the Florida Statutes governs the disestablishment of paternity or termination of child support obligation. There are certain requirements that must be followed when attempting to disestablish paternity. One of the requirements is that the party attempting to disestablish paternity must file a Petition To Disestablish Paternity with the court. Also, a DNA test must be performed and submitted to the court that shows that the male ordered to pay child support is not the father of the child. This DNA test must be performed within 90 days of the filing of the petition, but if the male doesn’t have access to the child for paternity testing, then he may file a petition with the court to request the court to order a DNA test.
A Petitioner attempting to disestablish paternity must be current on all child support obligations or that he has substantially complied with the child support payment obligation. This area of law is pretty specialized and the statute states that certain things must be followed in order for the courts to grant the disestablishment of paternity. Please find a lawyer who specializes in family law, marital law, or custody and child support issues to help you if you require this type of court proceeding.