Skip to main content

Establishing paternity on a child and collecting child support

Zephyrhills, FL |

is there a way to have a dna test done and if that person proves positive to be the father of said child and put his name on the birth certificate and collect child support if the mother was still married but with divorce filed and started and child is believed to be other than spouses child?

Attorney Answers 7


  1. You are in a complicated situation and I would recommend you have an attorney assist you. If your divorce is pending, you are going to want to have the presumed paternity of your current husband disestablished if it is found out he is not the father. The biological father will then need to establish his paternity and set up time-sharing, parental responsibility and child support. It is essentially two separate cases. I would say you absolutely need an attorney at this point.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  2. I agree with Ophelia. This case is simply a mess. You really need to find a good one. Which county are you ink again? Good luck!

    BIll Rosenfelt 407-462-8787 (Orlando)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  3. A child born during a marriage is presumed to be the child of the married couple. That presumption is rebuttable by filing a paternity action against the party who is the true father. He will then be held responsible for child support.


  4. Yes- those things can be done, but it can be a complex legal issue, depending on the circumstances. Paternity of the legal father (your soon to be ex-husband) would need to be disestablished and paternity of the bio father established. I strongly recommend you consult with an attorney and discuss the details.

    Legal disclaimer: this response is not intended to create any attorney-client relationship and is based on the limited facts given and should not be relied on as legal advice. It is recommended that you consult with an attorney before taking any action based on the foregoing statements.


  5. The birth certificate does not itself create an obligation of child support. You need to get a paternity action filed to compel someone to submit to paternity testing with the child. Call a lawyer today, this is a complicated matter. Do you have the child in your physical custody now? Have you ever been married to the other party?

    You can get a free consultation by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make a more accurate legal determination on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.


  6. You will need to disestablish your husband as the father during your divorce. Then you can file a separate case against the biological father for paternity, child support, daycare etc. This is not a simple matter to handle in the court system, you should definitely consult with an attorney if you decide not to hire one.

    Sincerely,
    B. Elaine Jones, Esq.
    813-681-8383


  7. Yes that is possible however the married father is presumed the father until you overcome that presumption, you will need a lawyer to assist you.

Child support 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