Skip to main content

Can the biological mother request public court records of Disestablishment Of Paternity case to be sealed and confidential?

Orlando, FL |

I am the biological mother who wanted my husband to disestablish his paternity because of course he is not the father and we have been separated for years and we are finally getting divorced along with the disestablishment of paternity. I would like the disestablishment of paternity to be confidential from public view for the best interest of my son (child). Am I able to request this to the court in accordance with a Florida Statute to seal both court file and the progress docket? How do I request this to the Circuit Court?

Attorney Answers 2

  1. You can request it. If there is no one else to take over being dad, the court may well be reluctant to disestablish paternity, as courts don't like to deprive a child of a legal father if there is no one to step up and take his place. You really should consult with an attorney on this, and not handle it yourself.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

  2. While you can request the confidenitality by sealing, courts are often reluctant to grant it. But you can certainly try, you never know. However, you can also ask the court that your child only be identified by his/her initial and not full name. There are specific rules and case law regarding sealing court fles and it would be wise to have an attorney assist you. Additionally, as previously pointed out, if there is not another "father" to step in legally, courts are reluctant to grant a disestablishment.

    This is meant to be general advise to anyone in your situation and it not meant to create an attorney client relationship.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics