Florida/Georgia Personal Injury & Workers Compensation

...ecause they will likely cause the legal father's name to be removed from the child's birth certificate. See Cummings, 871 So.2d at 1060. At the time the child is born, the legal father's name is listed as the child's father on the birth certificate. § 382.013(2)(a), Fla....

...Effective January 1, 2006, the Legislature amended chapter 409 to permit the Department to initiate an administrative proceeding to determine paternity and an obligation to provide support in actions like these. § 409.256, Fla. Stat. (2005). The Legislature also amended section 382.013 to require the name of the father and the surname of the child be changed automatically pursuant to this proceeding. § 382.013(2)(e), Fla....

...s that such change is required for the welfare of the minor.' This standard, emphasizing best interests of the child rather than parents, would accord effect to the same factors governing custody." Collinsworth, 508 So.2d at 747 (citations omitted). Section 382.013(3), Florida Statutes (1997), does not permit a change of surname based only on a finding of paternity....

...1st DCA 1991)(holding same); Girten v. Andreu, 698 So.2d 886 (Fla. 3d DCA 1997)(holding that child support should have been made retroactive). [4] Bardin testified that her net monthly income was $917, but that her total monthly expenses were $2727. [5] Section 382.013, Florida Statutes (1997), in relevant part provides: (2) PATERNITY.— .......

product of human conception from its mother[.]”); § 382.013(l)(g), Fla. Stat. (requiring the listing of the

...NOTES [1] The husband of the mother is considered the child's legal father. See Johnson v. Ruby, 771 So.2d 1275, 1276 (Fla. 4th DCA 2000). Cases alternatively refer to the legal father as the father whose name appears on the child's birth certificate because Florida Statutes section 382.013(2)(a) requires that the name of the husband be placed on the birth certificate....

...ose name appears on the birth certificate."). Meyers will be referred to as the legal father in this opinion because he was Smith's husband at the time of T.R.S.'s birth, although Lander's name was placed on the birth certificate in contravention of section 382.013(2)(a).

...confirm his status as the legal father responsible for all future paternal obligations. The trial court entered a judgment accepting these recommendations. As a matter of law, the initial placement of S.B.'s name on the birth certificate was error. Section 382.013(6)(a), Florida Statutes (1995) provides: "If the mother is married at the time of birth, the name of her husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court...

...H.H., 710 So.2d 162 (Fla. 2d DCA 1998); G.F.C. v. S.G. and D.G., 686 So.2d 1382 (Fla. 5th DCA 1997). Rather, under such circumstances, the husband of the mother is presumed to be the child's biological father; at a minimum, he is the child's legal father. See § 382.013(2)(a), Fla....

...(1999). [2] Neustein disputes the authenticity of the letter. However, for the purpose of considering Neustein's motion for summary judgment, the trial court treated the letter as authentic. For purposes of this appeal, this court does the same. [3] See § 382.013(2)(a), Fla....

...is or her legitimacy if doing so is in the best interest of the child and that the husband-legal father has a constitutional right to maintain the relationship with his child unimpugned. 617 So.2d at 307. The presumption of legitimacy is codified in section 382.013(2)(a), Florida Statutes (2002)....

...l father of a child, the Department intends for the trial court to enter a judgment of paternity. Despite the title of the Department's complaint, this cannot be accomplished without affecting the legal rights of both the legal father and the child. Section 382.013(2)(d), Florida Statutes (2002), mandates that the name of the man who is determined to be the biological father in a paternity action be placed upon the birth certificate....

...s the factual allegations in the complaint conclusively establish the legal father's rights have already been divested by an earlier judgment. We therefore certify conflict with Pate. Affirmed. COVINGTON and CANADY, JJ., Concur. NOTES [1] See, e.g., § 382.013(2)(a), Fla....

...l court determined that the paternity testing would be in the Child’s best interests. A. Whether “good cause” exists for ordering Mr. Flores to submit to paternity testing 1. Rebuttable presumption that Mr. Flores is the Child’s legal father Section 382.013, Florida Statutes (2010), requires that a birth certificate be filed within five days of a live birth. When a birth occurs in a hospital, “the person in charge of the facility shall be responsible for preparing the certificate, certifying the facts of the birth, and filing the certificate with the local registrar.” § 382.013(l)(a). As to entering the name of the father on the birth certificate when the mother is unmarried at the time of the child’s birth, section 382.013(2)(e) provides as follows: If the mother is not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the person to be named as the father....

...Thus, in preparing the birth certificate for filing, “the person in charge of the [hospital]” could not have named Mr. Flores as the Child’s father on the birth certificate unless the Mother and Mr. Flores executed an affidavit or acknowledgment of paternity. See § 382.013(l)(a); § 382.013(2)(c). 4 As Mr. Flores’ name appears on the Child’s birth certificate as the Child’s father, we must assume that the hospital complied with section 382.013(2)(c) by obtaining an affidavit or a voluntary acknowledgment of paternity from Mr. *1109 Flores and the Mother. 5 See §§ 382.013(2)(c), 382.013(l)(a)....

...Flores nor the Mother sought to rescind the voluntary acknowledgment of paternity within sixty days, as set forth in section 742.10, there is a presumption that Mr. Flores is the Child’s legal father. See Travis, 971 So.2d at 160 (noting that a voluntary acknowledgment of paternity executed pursuant to section 382.013 establishes a rebuttable presumption of paternity)....

...Medlock, 983 So.2d 789, 790 (Fla. 4th DCA 2008), the Fourth District Court of Appeal addressed an order requiring Mr. Allison to submit to DNA testing in a paternity action. When the child was born in 2003, Mr. Allison and the mother executed a paternity affidavit pursuant to section 382.013....

...Id. The following month, the mother filed an answer to Mr. Allison’s petition, and also filed a counter- *1110 petition to determine paternity and a motion for scientific testing. Id. The trial court found that the paternity affidavit complied with section 382.013 and, therefore, there was a rebuttable presumption that Mr....

...During the pendency of this action, the Mother has been granted timesharing with the Child, but there is no indication in the record that the alleged biological father, who was named as a respondent in the Mother’s action, has sought any timesharing with the Child. . Section 382.013(2)(a) provides that "[i]f the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.” There is no indication in the record that Mr....

...The child, K.G., was born in late January 1996. Thus, in all probability the child was conceived in the month preceding this marriage. The birth certificate is not in our record, but as a matter of law, the husband's name must appear on that document as the legal father. See § 382.013(6)(a), Fla....

...The only other recognized use for an acknowledgment of paternity is to establish paternity for a nonmarital child. See § 742.10, Fla. Stat. (1997). The child in this case was not born out of wedlock. Thus, we conclude that the acknowledgment should not alter our analysis in this case. See also § 382.013(2)(c), Fla....

...Statutes. The argument that permeates the dissent is that the birth mother, as the legal mother under this purported common law rule, has all of the parental rights to the child and the biological mother has none. As to chapter 382, and specifically section 382.013, Florida Statutes, cited in the dissent, it is clear that these provisions were written to facilitate the issuance of birth certificates and the keeping of vital statistics for public health....

...g a modification, based on current circumstances. With regard to the court's requirement that the infant be given the surname of McNair, over the objections of Durham, we find that the record is insufficient to allow us to simply affirm. Pursuant to section 382.013, the trial court is authorized in a paternity proceeding to specify a surname for the child....

...NOTES [1] The child was born in July 1993, and at the time of the proceeding, was one year old. McNair was given late night visitation from 2:30 p.m. until 11:00 p.m. on Mondays and Wednesdays, and overnight visits from 2:30 p.m. on Friday until 8:00 p.m. on Saturday, every other week. [2] § 382.013(6)(c), Fla....

...There is no dispute that the Husband is not the biological father of R.D.W. However, the Husband was present at R.D.W.’s birth in 2006, the Husband is named on R.D.W.’s birth certificate as the father, and the Husband and Wife both signed a voluntary Acknowledgement of Paternity pursuant to section 382.013(2)(c), Florida Statutes (2006), naming the Husband as R.D.W.’s father....

...father of R.D.W. But, despite the Wife’s arguments to the contrary, the Husband is, in fact, the legal father of R.D.W. When R.D.W. was born, the Husband and Wife both signed a sworn voluntary Ac- *920 knowledgement of Paternity in accordance with section 382.013(2)(c)....

...enger.” § 742.10(4) (emphasis added). In addition, subsection (5) provides that “[¡judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowl-edgement of paternity.” § 742.10(5). Nothing in either section 382.013(2)(c) or section 742.10 requires that the person signing the voluntary Acknowledgement of Paternity be the child’s biological father. Instead, the statutes create a mechanism for establishing legal paternity regardless of biology. Here, both the Husband and Wife signed a voluntary Acknowledgement of Paternity pursuant to section 382.013(2)(c) when R.D.W....

...She argues that the Husband committed fraud when he signed the voluntary Acknowledgement of Paternity knowing that he was not the biological father and that this fraud eliminates his rights as the legal father. There are three problems with this argument. First, as noted above, section 382.013(2)(c) does not require that the “person to be named as the father” be the biological father....

...Nevitt's paternity go away by having their divorce decree vacated and then voluntarily dismissing the dissolution proceeding. See T.B. v. M.M., 945 So.2d 637 (Fla. 2d DCA 2006) (reversing the dismissal of a paternity action that was served on the mother after the child's birth but before she married her husband); and cf. § 382.013(2)(a), Fla....

...name being placed on the birth certificate was the original establishment of paternity. See § 742.10(1) (“[I]f ... a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as provided for in s. 382.013 ... is executed by both parties ... such ... constitutes the establishment of paternity for purposes of this chapter.”); see also § 382.013, Fla....

...one and the results are released). We find that the order in this case departs from the essential requirements of law, and we grant the petition. When the child was born in 2003, Allison and the mother signed a paternity affidavit in accordance with section 382.013, Florida Statutes....

...On October 16, 2007, the mother filed her answer along with a counter-petition to determine paternity and a motion for scientific testing. At a subsequent evidentiary hearing, the court found clear and convincing evidence of paternity and that the affidavit of paternity complied with section 382.013 and creates a rebuttable presumption that Allison is the father....

otherwise by a court of competent jurisdiction." § 382.013(2)(a), Fla. Stat. (2015). In the instant case

...It was undisputed throughout the litigation that appellee was the natural father of the child. The trial court made these specific findings. Moreover, there was no objection by appellant at trial concerning the issue being litigated nor was there a lack of notice or surprise. Appellant also claims that section 382.013, Florida Statutes (1987), is vague and does not mandate that the father's surname and the child's surname be the same. She contends that the statute does not state that the child, previously named, shall have its name changed to the father's name. She asserts that the statute only requires that the father's name and the child's name appear on the certificate. Section 382.013(6)(c) provides: *431 In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court....

...• the father of the minor if: 1. the minor was conceived or born while the father was married to the mother; 2. the minor is his child by adoption; 3. the minor has been established by a court proceeding to be his child; 4. he has filed an affidavit of paternity pursuant to section 382.013(2)(e) Florida Statutes; or 5....

...• the father of the minor if: 1. the minor was conceived or born while the father was married to the mother; 2. the minor is his child by adoption; 3. the minor has been established by a court proceeding to be his child; 4. he has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5....

...3d DCA 1995) (holding father who takes child contrary to court order can be convicted of kidnaping his own child). Mr. Muniz is the father of a nonmarital child born on September 28, 1998. The child bears Mr. Muniz's last name, and Mr. Muniz appears on the child's birth certificate as the father. See § 382.013(2)(c), Fla....

...unt only. NORTHCUTT and CASANUEVA, JJ., Concur. NOTES [1] See § 784.03(1)(a), Fla. Stat. (1997). [2] See § 787.01(1), Fla. Stat. (1997). [3] See ch. 75-166, Laws of Fla.; ch. 742, Fla. Stat. (1997) (entitled "Determination of Parentage"). See also § 382.013(2), Fla....

...s that such change is required for the welfare of the minor.' This standard, emphasizing best interests of the child rather than parents, would accord effect to the same factors governing custody." Collinsworth, 508 So.2d at 747 (citations omitted). Section 382.013(3), Florida Statutes (1997), does not permit a change of surname based only on a finding of paternity....

...The words exchanged between Haikey and McKay at the hospital the day after the their son was born did not lead to the naming of the child in anger. McKay had already named the child on the day of his birth. Second, McKay was entitled to name the child at birth pursuant to section 382.013(3)(c), Florida Statutes, which states, "If the mother is not married at the time of birth, the parent who will have *1050 custody of the child shall select the child's given name and surname." Clearly, the mother had custody and was entitled to select the child's name at birth....

...Thus, the space for the father's name on the birth certificate states, "mother refuses information on husband." Nevertheless, the birth and N.L.'s neonatal treatment were paid for through military health insurance benefits available through J.S.'s active duty military status. Moreover, pursuant to section 382.013(2)(a), Florida Statutes (2008), J.S....

...Roberts, 559 So.2d 429 (Fla. 4th DCA 1990); § 68.07(8), Fla. Stat. (1997). We reverse that portion of the order requiring that the name on Nicole’s birth certificate be amended. At the time of Nicole’s birth, the designation of her name complied with section 382.013(2) and (3)(a), Florida Statutes (1997)....

...her are to share in the selection of the given names and the surname of the child if both of them are to have custody. If only one parent is to have custody, then the amendment provides the custodial parent shall select the surname of the child. See § 382.013(5)(a), Fla....

...Statutes. The argument that permeates the dissent is that the birth mother, as the legal mother under this purported common law rule, has all of the parental rights to the child and the biological mother has none. As to chapter 382, and specifically section 382.013, Florida Statutes, cited in the dissent, it is clear that these provisions were written to facilitate the issuance of birth certificates and the keeping of vital statistics for public health....

...As both parties acknowledge, this is clear from chapter 382, Florida Statutes. That chapter requires that a certificate of live birth be filed with the state "for each live birth that occurs in this state" within "5 days after such live birth ...." § 382.013(1)(a), Fla. Stat. (2004). Section 382.013(1)(g) requires that the child's birth mother be listed as the legal parent, regardless "of any plan to place a child for adoption after birth ...." The definition of "live birth" in section 382.002(9), Florida Statutes, also makes cle...

...action...." Id. at 605 (emphasis supplied). However, it is clear from the analysis that the court assumes that the legal father and the husband of the mother are the same, and the husband's name will be on the birth certificate of the child, citing section 382.013(2)(a), Florida Statutes (2000) ("If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.")....

...She contends that to qualify as a “parent” in Florida, the father must be adjudicated the biological parent pursuant to section 742.10, Florida Statutes (2015), or the parties must have filed a paternity acknowledgement agreement pursuant to section 382.013(2)(c), Florida Statutes (2015)....

...ished and provides, in relevant part, that ... if an affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as provided for in s. 382.013 [governing birth certificates and providing that where mother is not married, father's name may not be put on birth certificate unless both mother and father execute affidavit and providing that father be advised of consequences and respon...

...In order for the hospital to have listed Kennedy as the father on the birth certificate, Kennedy (and the child's mother) was required to sign an affidavit acknowledging paternity and to be advised of the consequences of signing such acknowledgment. See § 382.013(2)(c), Fla....

...• The father of the minor if: *656 1. The minor was conceived or born while the father was married to the mother; 2. The minor is his child by adoption; 3. The minor has been established by a court proceeding to be his child; 4. He has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5....

...The child, K.G., was born in late January 1996. Thus, in all probability the child was conceived in the month preceding this marriage. The birth certificate is not in our record, but as a matter of law, the husband’s name must appear on that document as the legal father. See § 382.013(6)(a), Fla....

...The only other recognized use for an acknowledgment of paternity is to establish paternity for a nonmarital child. See § 742.10, Fla. Stat. (1997). The child in this case was not born out of wedlock. Thus, we conclude that the acknowledgment should not alter our analysis in this case. See also § 382.013(2)(c), Fla....

...The biological father has not adopted or sought to adopt the child. The biological father has not been established by court proceedings to be the father of the child. The biological father has not filed an affidavit of paternity pursuant to Fla. Stat. 382.013(2)(c)....

...(b) The father of the minor, if: 1. The minor was conceived or born while the father was married to the mother; 2. The minor is his child by adoption; 3. The minor has been established by court proceeding to be his child; 4. He has filed an affidavit of paternity pursuant to s. 382.013(2)(c); or 5....

...• the father of the minor if: 1. the minor was conceived or born while the father was married to the mother; 2. the minor is his child by adoption; 3. the minor has been established by a court proceeding to be his child; 4. he has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5....

...On appeal, the wife contends that the trial court erred in requiring her to amend the child’s birth certificate. We agree and reverse that portion of the final judgment. We disagree, however, with the wife’s contention that the trial court erred in refusing to grant her request for post-judgment alimony. Section 382.013(5)(a), Florida Statutes, provides: If the mother is married at the time of birth, the mother and the father as entered on the birth certificate shall select the given names and surname of the child if both parents will have custody of...

...Here, appellant acknowledges that his name was on the birth certificate, and thus section 409.256 does not apply. The fact -that appellant’s name appears on the birth certificate indicates that he signed an affidavit agreeing that he was the father, and that affidavit constitutes the establishment .of paternity. See § 382.013(2)(c), Fla....

...The minor was conceived or born while the father was married to the mother; 2. The minor is his child by adoption; 3. The minor has been established by a court proceeding to be his child; 4. He has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5....

excused him from responsibility for the child. § 382.013(6)(a), Fla.Stat. (1989). See Knauer v. Barnett

...a negative message to the child about the mother’s attitude about the father-child relationship. Id. at 922-23; see also Neville, 227 * Given that the Mother was not married at the time of the birth and was to have custody of the child, she was authorized pursuant to section 382.013(3)(c), Florida Statutes (2016), to select the child’s given name and surname. 2 So....

...The minor was conceived or born while the father was married to the mother; 2. The minor is his child by adoption; 3. The minor has been established by a court proceeding to be his child; 4. He has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5....

...• the father of the minor if: 1. the minor was conceived or born while the father was married to the mother; 2. the minor is his child by adoption; 3. the minor has been established by a court proceeding to be his child; 4. he has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5....

...failed to establish a presumption of paternity because he did not produce any documents showing that the statutory birth registration requirements were properly followed before his name was placed on the birth certificate. This argument has no merit. Section 382.013(2)(c), Florida Statutes (2015), states that "[i]f the mother is not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the person to be named as the father." (Emphasis added.) Because N.D....

...were executed correctly. See Flores v. Sanchez, 137 So. 3d 1104, 1108- 09 (Fla. 3d DCA 2014) ("As Mr. Flores' name appears on the Child's birth 3 certificate as the Child's father, we must assume that the hospital complied with section 382.013(2)(c) by obtaining an affidavit or a voluntary acknowledgment of paternity from Mr....

...s placed on [the child's] birth certificate, the Husband became [the child's] legal father for all purposes."). The statute does not require that the "person to be named as the father" on the birth certificate be the biological father. Id.; see also § 382.013(2)(c). As the challenger of the voluntary acknowledgment of paternity, the mother had the burden of proof to rebut the presumption of paternity. See § 742.10(4)....

...onfirm his status as the legal father responsible for all future paternal obligations. The trial court entered a judgment accepting these recommendations. As a matter of law, the initial placement of S.B.’s name on the birth certificate was error. Section 382.013(6)(a), Florida Statutes (1995) provides: “If the mother is married at the time of birth, the name of her husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a cour...

...the petition. We agree and reverse. From the limited record before this court, [1] we have determined that the minor child was born on May 22, 2005. J.C.J. signed a voluntary acknowledgement of paternity for the child the next day in accordance with section 382.013, Florida Statutes (2005), and nothing in this record suggests that either he or the Mother ever sought to rescind that acknowledgement....

...affidavit or acknowledgment constitutes the establishment of paternity for purposes of this chapter."); Allison v. Medlock, 983 So.2d 789, 790 (Fla. 4th DCA 2008) ("When the child was born in 2003, Allison and the mother signed a paternity affidavit in accordance with section 382.013, Florida Statutes....

...child is provided through Torres’ medical insurance plan. But the final judgment concluded the child is and will remain on Medicaid. We reverse that portion of the final judgment and remand for the trial court to correct the judgment. Fifth, section 382.013(2)(d), Florida Statutes (2022), states that “[i]f the paternity of the child is determined by a court of competent jurisdiction . ....

...Subsection (3) states that if the mother and father disagree on the surname, “the surname selected by the father and the surname selected by the mother shall both be entered on the birth certificate, separated by a hyphen, with the selected names entered in alphabetical order.” § 382.013(3)(b), Fla. Stat. (2022). We agree with Torres that the court erred when it denied his request to include his surname on the child’s birth certificate. So we reverse and remand for the entry of an amended final judgment that complies with section 382.013. For the reasons stated above, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion. Affirmed in part, reversed in part, and remanded. MAY and DAMOORGIAN, JJ., concur....

competent jurisdiction in accordance with section 382.013(6)(c), Florida Statutes (1991), and a birth

...2d 1130, 1032 (Fla. 4th DCA 2005)). 1 Bronner did not challenge the order by petition for certiorari. See, e.g., J.A.I. v. B.R., 160 So. 3d 473 (Fla. 2d DCA 2015). 4  When an unmarried mother gives birth to a child, section 382.013, Florida Statutes (2017), describes how the execution of an acknowledgment of paternity leads to the placement of a father’s name on a birth certificate: If the mother is not married at the time of the birth, the name o...

...execution of the affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2). § 382.013(2)(c), Fla....

...nt of paternity. See Flores v. Sanchez, 137 So. 3d 1104, 1108–09 (Fla. 3d DCA 2014) (holding that because the father’s “name appears on the [c]hild’s birth certificate as the [c]hild’s father, we must assume that the hospital complied with section 382.013(2)(c) by obtaining an affidavit or a voluntary acknowledgment of paternity from [the father] and the [m]other”); N.D....

...• the father of the minor if: 1. the minor was conceived or born while the father was married to the mother; 2. the minor is his child by adoption; 3. the minor has been established by a court proceeding to be his child; 4. he has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5....

...carve out an exception that would apply to children born during a damaged or failing marriage. Simply put, “[a]n intact marriage has been described as ‘the existence of a marriage without the pendency of divorce proceedings.’” Nevitt v. Bonomo, 53 So. 2 Section 382.013(2)(a), Florida Statutes, requires “the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.” This was not do...

...See Collinsworth v. O’Connell, 508 So.2d 744, 747 (Fla. 1st DCA 1987). In this instance, such a showing was not necessary because the mother stipulated to the change in the joint pretrial statement and she acknowledged the stipulation at trial. Her citation of section 382.013(3)(e), Florida Statutes (2000), is inapplicable to the present circumstances....

the child’s surname be changed. Pursuant to section 382.013(3)(c), Florida Statutes (2004), if a child’s

...Neither the common law presumption of legitimacy nor the statutory framework governing paternity has any application to the facts adduced below. Hence, the disestablishment of paternity during marriage did not concomitantly establish Bedier’s paternity. See Simmonds v. Perkins, 247 So. 3d 397, 400–03 (Fla. 2018); § 382.013(2), Fla....

affidavit filed pursuant to section 742.10 and section 382.013(6)(b) improperly recognized a “fingers crossed”

...ged paternity after he learned that he may not be the biological father and therefore, pursuant to section 742.18(3), Florida Statutes, Bauer cannot disestablish paternity. This appeal followed. When an unmarried mother gives birth to a child, section 382.013, Florida Statutes (2022), describes how the execution of an acknowledgment of paternity leads to the placement of a father’s name on a birth certificate: If the mother is not married at the time of the birth, the...

...assist in the execution of the affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2). § 382.013(2)(c), Fla....

...Moreover, the court found the acknowledgment met the statutory requirements. See Flores v. Sanchez, 137 So. 3d 1104, 1108–09 (Fla. 3d DCA 2014) (holding that because the father’s “name appears on the [c]hild’s birth certificate as the [c]hild’s father, we must assume that the hospital complied with section 382.013(2)(c) by obtaining an affidavit or a 4 voluntary acknowledgment of paternity from [the father] and the [m]other”)....