Florida/Georgia Personal Injury & Workers Compensation

...aragraph (2)(b)2." Id. By filing a claim of paternity with the Registry, an unmarried biological father can request DNA testing. See § 63.054(2), Fla. Stat. (2005). Chapter 742 of the Florida Statutes also relates to the determination of parentage. Section 742.10(1), Florida Statutes (2005), states that "[t]his chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock." Section 742.011, Florida Statutes (2005), provides: Any wom...

...e opportunity to develop a relationship with his child, and reasonably be viewed as the legal and functional equivalent of filing a claim of paternity with the registry, as recognized by the majority. This result harmonizes the adoption statutes and section 742.10, which establishes that chapter 742 "provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock." § 742.10(1), Fla....

...The pertinent sections of the statute under attack are § 742.011, Florida Statutes, providing: "Any unmarried woman who shall be pregnant or delivered of a bastard child may bring proceedings in the circuit court, in chancery, to determine the paternity of such child." (Emphasis supplied) Also, § 742.10, Florida Statutes, providing: "This chapter shall be in lieu of any other proceedings provided by law for the determination of paternity and support of bastard children." The Florida Bastardy Act had its genesis in 1828....

...The rhetorical question is presented — who is the loser in this rondo? Obviously, it is the innocent child. What public or social purpose is served by such result? Does it inhibit promiscuity on the part of married women? We submit that there is no such evidence. In law — although the Legislature declared in § 742.10, Florida Statutes, that the chapter is in lieu of any other proceeding provided by law for the determination of paternity and support of bastard children, the public policy of the State of Florida for recognition and support of illegitimate...

...days before its father's death to be proven by hearsay and other evidence. See Ezell-Titterton, Inc. v. A.K.F., 234 So.2d 360 (Fla. 1970). Such, in effect, was a "proceeding to determine paternity" under the Workmen's Compensation Act not barred by § 742.10, Florida Statutes....

...In affirming the dismissal of plaintiff's complaint, the district court stated that no precedent exists which gives a putative father the right to institute a cause of action to establish that he is the father of a child the mother denies is his. The court, noting in particular section 742.10, held that chapter 742 provides the jurisdictional basis for a court to determine paternity and pointed out that under the statute the mother alone is given the right to institute paternity proceedings....

...308, 262 A.2d 729 (1970); Crane v. Battle, 62 Misc.2d 137, 307 N.Y.S.2d 355 (Fam.Ct. 1970); Slawek v. Stroh, 62 Wis.2d 295, 215 N.W.2d 9 (1974). Whether a putative father may bring a declaratory judgment depends primarily upon the significance of the following language from section 742.10, Florida Statutes (1977): This chapter shall be in lieu of any other proceedings provided by law for the determination of paternity and support of children born out of wedlock. It is clear from the language of this section that chapter 742 was intended as the natural mother's exclusive legal remedy in establishing paternity and enforcing support rights on behalf of her child. We do not, however, read section 742.10 to preclude a putative father from bringing a declaratory *58 judgment action to adjudicate paternity where such adjudication is necessary to the determination of existing rights or duties between parties to an actual controversy or dispute....

...1977) (withholding child support), by virtue of the mother's failure, for whatever reason, to obtain an adjudication of paternity. We do not believe that the legislature intended such a result and, therefore, we construe the "in lieu of" language of section 742.10 to be limited in application to suits brought by a mother to enforce her child's support rights against the natural father....

...Cobb, 335 So.2d 261 (Fla. 1976). An illegitimate's right to obtain support is established by section 742.041, Florida Statutes (1975), and is a continuing right until the child reaches eighteen years of age. This right may be enforced by a paternity suit under section 742.10, Florida Statutes (1975), which is both an action to determine paternity and an action for child support....

...g an adjudication of paternity of a child born to the mother during her marriage to another man. However, in so arguing, G.F.C. fails to recognize that this statutory provision must be read in conjunction with the remainder of Chapter 742, including section 742.10, which states that "[t]his chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock....

...o long as paternity has not already been established "by law or otherwise." Paternity would be established "by law" when there has been an adjudication of paternity or by the filing of affidavits or stipulation acknowledging paternity as provided in section 742.10....

...when the child's paternity "has not been established by law or otherwise." Paternity would be established "by law" when there has been an adjudication of paternity or by the filing of affidavits or stipulation acknowledging paternity as provided in section 742.10....

...On January 20, 2003, Donneshia Chambers and Terrell D. Travis executed a "paternity affidavit by natural parents" acknowledging Mr. Travis as the biological father of a child born two days earlier. This duly notarized affidavit established a "rebuttable presumption . . . of paternity" pursuant to section 742.10(1), Florida Statutes (2003), which provides, in relevant part, as follows: [W]hen an affidavit or notarized voluntary acknowledgment of paternity as provided for in s....

...ent within 60 days of the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier. § 742.10(1), Fla. Stat. (2003). Pursuant to section 742.10(4), Florida Statutes (2007), such a signed voluntary acknowledgment of paternity, because it was not rescinded within the 60-day period following the date the acknowledgment was signed, "shall constitute an establishment of paternity a...

...lleged to have been the mother's "past promiscuous behavior," requested DNA testing prior to the establishment of any support obligation. Over DOR's objections that signing a paternity affidavit had made him the legal father of the child pursuant to section 742.10, Florida Statutes (2003), and that the hearing officer lacked jurisdiction to hear contested paternity cases pursuant to Florida Family Law Rule of Procedure 12.491 (2006), the hearing officer recommended to the trial court entry of an order requiring the mother, the child, and Mr....

...vacate its initial order. IV. Where the putative father is not the child's biological father, the Legislature has provided that paternity established by his voluntary acknowledgment of paternity may be "disestablished" in accordance *161 either with section 742.10(4) or with section 742.18, Florida Statutes (2007): There are two different ways for somebody whose voluntary acknowledgment of paternity has rendered him a child's legal father pursuant to section 742.10, Florida Statutes (2007), to disestablish paternity. See §§ 742.10(4), 742.18, Fla. Stat. (2007). A signed voluntary acknowledgment of paternity that establishes paternity pursuant to section 742.10(4), Florida Statutes (2007), may be challenged "on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger." § 742.10(4), Fla. Stat. (2007). A challenge may be brought on these grounds under section 742.10(4), whether or not all the requirements set out in section 742.18 are met....

...er has become aware of newly discovered evidence since paternity was initially determined or a child support obligation was initially established. See § 742.18(2)(a)-(g), Fla. Stat. (2007). But Mr. Travis has instituted no proceedings, either under section 742.10(4) or under section 742.18, to disestablish the paternity which his notarized, voluntary acknowledgment of paternity established under section 742.10(1)....

...r). [4] The statute provides that a court shall not set aside a paternity determination if the putative father engages in certain conduct after learning he is not the child's biological father, such as voluntarily acknowledging paternity pursuant to section 742.10(4) or consenting to be named on the child's birth certificate as the child's biological father....

...clude the parent of an illegitimate child in the absence of any provision in the statute to the contrary. 10 C.J.S. Bastards §§ 18 c and 20 b(1). The only statute in Florida that changes the common-law rule is Chapter 742, Florida Statutes, F.S.A. Section 742.10 provides that that Chapter shall be in lieu of any other proceedings provided by law for the determination of paternity and support of bastard children....

...� 742.12(4), Fla. Stat. (2010) (“A statistical probability of paternity of 95 percent or more creates a rebutta-ble presumption, as defined by section 90.301p, that the alleged father is the biological father of the child.” (emphasis supplied)); § 742.10(1), Fla....

circumstances as well as for adoption. See, e.g., § 742.10, Fla. Stat; ch. 63, Fla. Stat. But “[Florida]

...onducted by a child support enforcement hearing officer if the purported father files documentation alleging that he is not the biological father or by asserting that he has not acknowledged his fatherhood in an affidavit executed in conformity with section 742.10(1), Florida Statutes (2009), or by "otherwise put[ting] paternity at issue." Dep't of Revenue ex rel. Sharif v. Brown, 980 So.2d 590, 590-91 (Fla. 1st DCA 2008). With respect to the second requirement, "good cause" would have existed for genetic testing under these facts if Lynch had instituted proceedings under section 742.10(4), Florida Statutes (2009), or section 742.18(1), Florida Statutes (2009), to "disestablish" paternity. Travis, 971 So.2d at 161. Specifically, a party may disestablish paternity under section 742.10(4) "on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger." "Absent any such allegation, and absent proof in support [of the allegation,]" the party challenging paternity fails to show good cause....

...In particular, although Lynch alleged that he was not the child's biological father and that he had not signed the child's birth certificate, he did not present any proof of fraud, duress, material mistake of fact, or newly discovered evidence that would have disestablished paternity under section 742.10(4), as he has neither provided a copy of the child's birth certificate to show that he did not sign the document, nor provided other evidence to support his claims....

...ther than the legal father of a child is the biological father will not be ordered unless the court determines that it is in the best interest of the child." Callahan v. Dep't of Revenue ex rel. Roberts, 800 So.2d 679, 680 (Fla. 5th DCA 2001). Under section 742.10(1), Florida Statutes (2006), out-of-wedlock paternity can be established through a number of methods, including a voluntarily signed and notarized acknowledgment by the father. The father then has sixty days to challenge the paternity. Upon expiration of the sixty-day period, the paternity may be challenged only for fraud, duress, or material mistake of fact. § 742.10(4)....

...duly enacted statutes. Mr. Price did not contest that he signed a voluntary acknowledgement of paternity more than sixty days before filing his answer in this collection action which purportedly sought to challenge his paternity. As a result, under section 742.10(4), Mr....

...paternity of a child and provides that "Any unmarried woman who shall be pregnant or delivered of a child may bring proceedings in the circuit court, in chancery, to determine the paternity of such child." § 742.011, Fla. Stat. (1981). [4] See also § 742.10, Florida Statutes, which provides: This chapter shall be in lieu of any other proceedings provided by law for the determination of paternity and support of children born out of wedlock....

...a marriage. Thus chapter 742, Florida Statutes (2002), entitled "Determination of Parentage," specifically provides, "This chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock." § 742.10, Fla....

...petition, quash the order under review, and remand for further proceedings consistent with this opinion. 1 I. FACTS The trial court’s order compelling Mr. Flores to submit to paternity testing arises from an action filed by the Mother pursuant to section 742.10, Florida Statutes (2011), in which she attempts to rebut Mr....

...Carnley v. Lynch, 53' So.3d 1154, 1157 (Fla. 1st DCA 2011) (finding that “ ‘good cause’ would have existed for genetic testing under these facts if [the legal father who signed voluntary acknowledgment of paternity] had instituted proceedings under section 742.10(4), Florida Statutes (2009), or section 742.18(1), Florida Statutes (2009), to ‘disestablish’ paternity.”) (quoting Travis, 971 So.2d at 161 )....

...y acknowledgment of paternity from Mr. *1109 Flores and the Mother. 5 See §§ 382.013(2)(c), 382.013(l)(a). Further, as neither Mr. 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....

...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). At this juncture, although Mr. Flores is presumed to be the Child’s legal father, the presumption is rebuttable. Section 742.10(1) gives the individuals named on a birth certifícate sixty days to rescind the voluntary acknowledgment of paternity, but after that sixty-day period has passed, the presumption can only be rebutted by proof of “fraud, duress, or material mistake of fact.” 6 See § 742.10(4) (“After the 60-day period referred to in subsection (1), the signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger .... ”). In the instant ease, it is undisputed that neither Mr. Flores nor the Mother rescinded any acknowledgment of paternity during the sixty-day period set forth in section 742.10(1)....

...ity of the acknowledgment of paternity.” Id. In the instant case, based on the record before this Court, it does not appear that the trial court addressed whether the Mother can meet her burden of establishing either fraud or duress as required by section 742.10(4), or whether the Mother’s allegations of duress or fraud are supported by any reliable evidence....

...Rather, the Agreement entered into by Mr. Flores and Mother indicates that she was not under duress— she was of “clear mind” and voluntarily agreed to the arrangement. Therefore, despite the Mother’s challenge to Mr. Flores’ paternity under section 742.10(4) on the basis of fraud and duress, the Mother, at this point, has not established the “good cause” needed to order the paternity testing because she has not demonstrated that any fraud or duress occurred....

...biological father of the child.” (emphasis added). As the Mother, not Mr. Flores, is the party seeking to disestablish paternity, this section is not applicable. .As diminished capacity is not a basis to challenge a legal father's paternity under section 742.10(4), the discussion is limited to fraud and duress....

...1979), the supreme court said: ... An illegitimate's right to obtain support is established by section 742.041, Florida Statutes (1975), and is a continuing right until the child reaches eighteen years of age. This right may be enforced by a paternity suit under section 742.10, Florida Statutes (1975), which is both an action to determine paternity and an action for child support....

...That statute describes the people who are required to give consent for an adoption. This case clearly does not involve an adoption. The only other recognized use for an acknowledgment of paternity is to establish paternity for a nonmarital child. See § 742.10, Fla....

...netic relationship. Moreover, chapters 63 and 382 do not establish parentage or parental rights. Chapter 742, entitled “Determination of Parentage,” is the statutory vehicle by which paternity is established for children born out of wedlock, see section 742.10(1), Florida Statutes, and it is the provisions of section 742.14 that have been applied by the trial court and argued by Appellee to deny Appellant parental rights to her child....

...To be sure of the infant before child support payments starts. To be really sure[.]" This response to DOR's petition did not allege that he was not the biological father, or that he had not acknowledged his fatherhood in an affidavit executed in conformity with section 742.10(1), Florida Statutes (2006), or otherwise put paternity at issue....

...[6] The purpose of Chapter 742 is to protect the interests of a child illegitimately conceived and to impose an obligation on the natural father to provide support. Kendrick v. Everheart, 390 So.2d 53 (Fla. 1980); Gammon v. Cobb, 335 So.2d 261 (Fla. 1976). The first sentence of section 742.10 states that chapter relates to the determination of paternity for "children born out of wedlock." This is an ancient descriptive reference to the synonymous terms "illegitimate children" and "bastards" which is in contrast to the terms...

...NOTES [1] Some of the details are whether or not Robert was the biological father of Victoria, and, perhaps, whether or not Robert knew at the time of the divorce that Donna was pregnant. [2] See Gammon v. Cobb, 335 So.2d 261 (Fla. 1976); Shinall v. Pergeorelis, 325 So.2d 431 (Fla. 1st DCA 1975). [3] Section 742.10, Florida Statutes....

...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). (Emphasis added.) Section 742.10, Florida Statutes (2006), sets forth the legal ramifications of a signed voluntary Acknowl-edgement of Paternity....

...within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier. § 742.10(1) (emphasis added)....

...assed, “a signed voluntary acknowledgement of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.” § 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....

...standard. In this appeal, as she did in the trial court, the Wife contends that the Husband’s fraud in signing the voluntary Ac-knowledgement of Paternity when he was not the biological father prevents him from enforcing his rights. She points to section 742.10(4), which provides that a voluntary Acknowledgement of Paternity creates only a rebuttable presumption of paternity that can be challenged based on fraud or mistake....

...See also State Department of HRS v. West, 378 So.2d 1220 (Fla. 1979). Again as pointed out in Bell, the problem arises when chapter 742 is sought to be used as the vehicle for such an action. Carpenter and Bell both hold that a chapter 742 action abates on death. Section 742.10 provides that chapter 742 is "in lieu of" all other proceedings provided by law for the determination of paternity and support of children born out of wedlock. Chapter 742 then is not available as the vehicle for a cause of action for determination of paternity for inheritance purposes. The question then is, does a cause of action still exist in light of the "in lieu of" language of section 742.10? We hold it does, construing that language to be restrictive only to actions for child support for children born out of wedlock....

...ld. We feel that the exclusiveness of chapter 742 as the natural mother's remedy is limited, under a strict reading of the wording of the statute, to an action brought for "the determination of paternity and support of children born out of wedlock." § 742.10, Fla. Stat. (1979) (emphasis added). The Kendrick court seemed to agree, holding that the exclusiveness of the remedy provided for the natural mother by the "in lieu of" language of section 742.10 was "limited in application to suits brought by a mother to enforce her child's support rights against the natural father." Kendrick v....

...tative father's estate. Encouraged by this provision, plaintiff turns to the Florida Bastardy Act whose procedures are "in lieu of any other proceedings provided by law for the determination of paternity and support of children born out of wedlock." Section 742.10, Florida Statutes (1977)....

...The trial court approved the general master's report and denied a motion to vacate the order. The trial court erred in applying Chapter 742 to these proceedings, as that chapter "provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock." § 742.10, Fla....

...earning” referred to in subsection (3) is the knowledge resulting from the “newly discovered evidence.” Arguably, the Former Husband’s consent to his name being placed on the birth certificate was the original establishment of paternity. See § 742.10(1) (“[I]f ......

...Nevertheless, chapter 742 is still regarded as the "exclusive remedy" for establishing paternity, even in a URESA proceeding. Kendrick v. Everheart, 390 So.2d 53 (Fla. 1980); Sharon v. Porter, 504 So.2d 1359 (Fla. 5th DCA 1987); Hodge v. Maith, 435 So.2d 387 (Fla. 5th DCA 1983); § 742.10, Fla....

...When the child was born in 2003, Allison and the mother signed a paternity affidavit in accordance with section 382.013, Florida Statutes. Because neither party sought to rescind the acknowledgment of paternity within sixty days, a rebuttable presumption arose that Allison is the father. § 742.10(1), Fla....

...As the trial court's rulings indicate, paternity in this case has been presumptively established and the only bases upon which the mother can disestablish paternity are fraud, duress, or material mistake of fact, and she bears the burden of proof. § 742.10(4), Fla....

...In such circumstances, the husband is considered to be the child's "legal" father, regardless of whether he is the biological father. See Lander v. Smith, 906 So.2d 1130, 1131 n. 1 (Fla. 4th DCA 2005) (noting the mother's husband at the time of a child's birth is the "legal" father). In addition, section 742.10, Florida Statutes (2010), states paternity proceedings should be brought only to determine the "paternity for children born out of wedlock." Reading these provisions together, they indicate a child born to an intact marriage cannot be the subject of a paternity proceeding brought by a biological father....

...Regardless, the appellee's signature on the back of the birth certificate did not have the effect of establishing paternity. Under the current version of the Florida Statutes, a voluntary acknowledgment of paternity creates a rebuttable presumption of paternity. See § 742.10(1), Fla....

...tion of legitimacy gave many children legal fathers who were not their biological fathers. In 1992, the legislature enacted a statute that makes a voluntary acknowledgment of paternity on a birth certificate a legal determination of "paternity." See § 742.10, Fla....

...S. did not appeal this order. M.L.S. did not provide either the trial court in 1998, nor this court today, any admissible proof that Judge Evans' untranscribed or unreported hearing was not a lawful "adjudicatory hearing" establishing paternity. See § 742.10, Fla. Stat. (Supp.1986). Nevertheless, it is likely that the determination was made upon the consent and agreement of M.L.S. At a minimum, that hearing established a rebuttable presumption of paternity in 1987. See § 742.10, Fla....

...ather of the child. Instead, he elected, for whatever reason, to accept responsibility for this child. The legislature has already created a statutory basis for estoppel under similar circumstances for those birth certificates signed after 1992. See § 742.10, Fla....

...[5] The supreme court defined "legal father," at least for a marital or quasi-marital child, as the man whose name appears on the birth certificate. See Privette, 617 So.2d at 307. The legislature effectively established a comparable definition of legal father for nonmarital children in 1992 in section 742.10 when an acknowledgment on a birth certificate became a determination of paternity. See § 742.10, Fla....

...ht to block a biological father's right to determine paternity by her marriage to another man during the pendency of a paternity action. [1] We decline *640 to further extend I.A. to include the facts of this case. We conclude that the provisions of section 742.10(1) are more applicable to these proceedings than those in section 742.091. Section 742.10(1) explains that chapter 742 "provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock." It explains that "[i]f no adjudicatory proceeding was held [to determine paternity], a...

...tates that "[n]othing in this section precludes an individual from seeking relief from a final judgment, decree, order, or proceeding pursuant to Rule 1.540, Florida Rules of Civil Procedure, or from challenging a paternity determination pursuant to s. 742.10(4)." This subsection would be deemed immaterial and redundant had the Legislature meant for this new statute to require that all claims must be brought under rule 1.540....

...[2] We have already determined that section 742.18 created a new cause of action for a male to disestablish paternity or terminate a child support obligation. See Dep't of Revenue ex rel. Chambers v. Travis, 971 So.2d 157, 160-61 (Fla. 1st DCA 2007) (finding that a paternity determination could be challenged under section 742.10(4), Florida Statutes, "on the basis of fraud, duress, or material mistake of fact," or under the new statute where "neither fraud nor duress induced the signing of the acknowledgment of paternity" if the statutory requirements were met)....

...illegitimate child; and that if liability exists, it must be that imposed by statute. The court in Clarke, at page 330, set forth the exclusivity of Chapter 742 as applied to suits of paternity and support for bastard children by pointing out that: "Section 742.10 provides that that Chapter shall be in lieu of any other proceedings provided by law for the determination of paternity and support of bastard children....

...mpetent jurisdiction enters an order stating otherwise." Despite the statute, because it appears that Mr. Muniz voluntarily acknowledged his paternity of this child, we question whether he may have some claim to be a legal guardian of the child. See § 742.10(1), Fla....

...Thus, even though A.S. ultimately intervened in the adoption proceeding, the trial court erred in terminating any parental rights he may have. On the other hand, the legislature has established chapter 742 as the "primary jurisdiction" to determine paternity. See § 742.10(1), Fla....

...were able to establish paternity under chapter 742, he would become a "parent" whose consent to adoption is required pursuant to section 63.062(1)(b)(3). Because chapter 742 "provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock," § 742.10(1), and because there is no time limit for filing such a proceeding—at least in the absence of a final judgment of adoption otherwise establishing the parentage of a child with the prospective adoptive parents—we conclude that A.S....

...was a parent through the paternity proceeding. VIII. THE TRIAL COURT WAS REQUIRED TO DETERMINE PARENTAGE PURSUANT TO CHAPTER 742 UNDER THESE UNUSUAL CIRCUMSTANCES The legislature has determined that chapter 742 should be the "primary *395 jurisdiction" to determine paternity. See § 742.10(1)....

...S.M.M., 67 So.3d, 1231, 1232 (Fla. 2d DCA 2011). We conclude that the trial court departed from the essential requirements of the law in granting B.R.’s motion for genetic testing because B.R. is precluded from bringing a cause of action to challenge the paternity of the child. Section 742.10(1), Florida Statutes (2012), provides for procedures to be used in determining paternity when children are born out of wedlock....

...It provides that if an individual signs a notarized voluntary acknowledgment of paternity, such acknowledgment creates a rebuttable presumption of paternity. Here, both J.A.I. and J.K.C. signed an acknowledgment of paternity on April 20, 2012, and J.K.C.’s name was placed on the child’s birth certificate. Section 742.10(4) provides that after sixty days have passed since the voluntary acknowledgment of paternity was signed, this acknowledgment of paternity “shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger....” B.R. filed his petition to determine paternity on June 26, 2012, and his amended petition on June 17, 2014, after the sixty-day time period in section 742.10(4) had expired....

...e paternity of the child when paternity has not been established by law or otherwise.” Here, paternity was established by the filing of the voluntary acknowledgment of paternity on April 20, 2012, and the expiration of the sixty-day time period in section 742.10(4)....

...Three years later, the appellee filed a paternity action alleging that he was the *475 father. Id. at 168 . This court began its analysis by noting: Paternity would be established “by law” when there has been an adjudication of paternity or by the filing of affidavits or stipulation acknowledging paternity as provided in section 742.10....

...Ad Litem to Determine Heirs. Greg Contino filed an answer to the motion to remove personal representative and to the petition to determine heirs. In May 1997, Greg Contino filed a Petition for Authorization of DNA Blood Typing, pursuant to sections 742.10 and 742.12, Florida Statutes (1997), stating that all of the beneficiaries denied that Daniel Contino was an heir....

...come the presumption of Daniel's paternity where he was born during Barbara and Charles Contino's marriage. Next, Greg Contino contends that the probate court erred by denying his petition for authorization for DNA blood typing, pursuant to sections 742.10 and 742.12, Florida Statutes (1997). Again, we disagree. Section 742.10, Florida Statutes (1997), entitled "Establishment of paternity for children born out of wedlock," states, in pertinent part, as follows: This chapter provides the primary jurisdiction for the determination of paternity for children born out of wedlock....

...Here, Daniel's mother had disclaimed the decedent's paternity in the parties' separation agreement which preceded their divorce. Based on that and other evidence, there was certainly a sufficient prima facie showing to justify an order for DNA testing. The majority opinion relies on section 742.10, Florida Statutes (1997), but that statute does not support the trial court's refusal to order DNA testing. Section 742.10 applies in a determination of paternity for a child born out of wedlock....

...Ductant, of responsibility for future child support payments and relieving him of child support arrearages. We affirm in part, reverse in part and remand for further proceedings. On August 23, 1997, four days after J.K.D.'s birth, Ductant voluntarily signed a consenting paternity affidavit. See § 742.10(4), Fla....

...In August 2003, DOR filed a petition for support naming Ductant as respondent. A hearing was held on that motion on October 15, 2004. On December 9, 2004, before a written order on DOR's motion could be entered, Ductant filed a verified motion for relief from "child support order" and sought to invoke both rule 1.540 and section 742.10(4) of the Florida Statutes to revoke his 1997 paternity affidavit....

...relieved of any and all prior orders adjudicating arrearages. *660 DOR claims that the trial court erred in declaring that Ductant "is no longer the legal father of the minor child" because Ductant failed to prove entitlement to relief under either section 742.10(4) or rule 1.540. We disagree. Section 742.10, in pertinent part, provides: (1) ....

...proof upon the challenger, and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge, except upon a finding of good cause by the court. § 742.10(1), (4), Fla....

...(2004). [1] The unrebutted evidence in this case was, at the very least, that there was a material mistake of fact as to the paternity of the child. Thus, we believe the evidence before the court was sufficient to disestablish paternity, at least under section 742.10....

...However, as the husband correctly pointed out in the motion for rehearing, the trial court never made a finding of. fraud. Under the applicable statute, the husband can only prevail in this case if, in filing an Acknowledgment of Paternity, he did not commit fraud or there, was no “material mistake in fact.” § 742.10(4), Fla....

...es. The boyfriend filed a voluntary dismissal of his paternity action in July 2010. Two weeks later, the mother and husband filed an Acknowledgment of Paternity affidavit, listing the husband as the “natural father” of the child. As described in section 742.10(1), Florida Statutes (2010), this Acknowledgement was a “nota-xized voluntary acknowledgment of paternity.” In pertinent part, the “Acknowl-edgement by Natural Parents” stated: Under penalties of perjury, WE HEREBY DECLARE that...

...The court ordered the husband and the mother to “immediately begin reunification counselling so that the child and [the husband] can begin to re-establish their father-daughter relationship.” Discussion Chapter 742, Florida Statutes (2014), is entitled “Determination of Parentage.” Section 742.10(1) provides that, for a child born out of wedlock, where two parties file a “voluntary acknowledgement of paternity,” such “acknowledgement constitutes the establishment of' paternity for purposes of this chapter.” The acknowledgement creates a “rebuttable presumption” of paternity, subject to the....

...whichever is earlier.” Id. *527 A voluntary acknowledgement constitutes an establishment of paternity that can only be challenged in court “on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.” § 742.10(4); see also J.A.I....

...B.R, 160 So.3d 473, 474 (Fla. 2d DCA 2015) (finding that where the man who signed the acknowledgement of paternity was aware another man could be the child’s biological father the acknowledgement was not based on a material mistake of fact). Clearly, the section 742.10(1) presumption should not apply if the Acknowledgment of Paternity was fraudulent....

...Because the trial court did not make an express finding that the husband’s Acknowledgement was fraudulent or the product of a material mistake in fact, we withdraw our prior opinion and remand for the trial court to hold a hearing on this issue. If the Acknowledgment was fraudulent, there would'be no section 742.10(1) presumption' of paternity....

...On the other hand, if the trial court finds the husband had a good faith belief that he was the child’s natural father, then the second district’s reasoning in J.A.I. v. B.R., 160 So.3d 473 (Fla. 2d DCA 2015), should control. In that case, a man filed an acknowledgement of paternity pursuant to section 742.10(1), apparently with a good faith belief that it was possible he was the father of a child born out of wedlock....

...g an adjudication of paternity of a child born to the mother during her marriage to another man. However, in so arguing, G.F.C. fails to recognize that this statutory provision must be read in conjunction with the remainder of Chapter 742, including section 742.10, which states that “[t]his chapter provides the primary jurisdiction and procedures for the determination of paternity for children bom out of wedlock.” (Emphasis added)....

...s paternity has not already been established “by law or otherwise.” Paternity would be established “by law” when there has been an adjudication of paternity or by the filing of affidavits or stipulation acknowledging paternity as provided in section 742.10....

...o genetic relationship. Moreover, chapters 63 and 382 do not establish parentage or parental rights. Chapter 742, entitled "Determination of Parentage," is the statutory vehicle by which paternity is established for children born out of wedlock, see section 742.10(1), Florida Statutes, and it is the provisions of section 742.14 that have been applied by the trial court and argued by Appellee to deny Appellant parental rights to her child....

...termine the paternity of the child when paternity has not been established by law or otherwise. (emphasis added). Chapter 742 “provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock.” § 742.10(1), Fla....

...child’s paternity “has not been established by law or otherwise.” Paternity would be established “by law” when there has been an adjudication of paternity or by the filing of affidavits or stipulation acknowledging paternity as provided in section 742.10....

case presented an issue within the scope of section 742.10(4), which allows a challenge to paternity established

...UCCJEA because his paternity was never legally established, and he presented no evidence that he was anything more than the biological father of the child. 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)....

...y married to the parent." § 751.011, Fla. Stat. Chapter 751 does not define the term "parent." Chapter 742 is entitled "Determination of Parentage" and is the statutory vehicle by which paternity is established for children born out of wedlock. See § 742.10(1), Fla....

...Section 742.011 provides that "[a]ny woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise." Section 742.10 sets forth varying ways in which paternity may be established and provides, in relevant part, that ......

...in 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish *712 a support order, in which the signatory is a party, whichever is earlier. § 742.10(1), Fla....

...Subsection (4) goes on to provide that once the sixty-day period referenced in subsection (1) has passed, the "signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact." § 742.10(4), Fla. Stat. Subsection (5) provides "[j]udicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity." § 742.10(5), Fla. Stat. Here, Kennedy has twice signed a voluntary acknowledgement of paternity within the meaning of section 742.10(1)....

...to the paternal grandparents, Kennedy (and the mother) again acknowledges his paternity. These unchallenged voluntary acknowledgments of paternity have established paternity in Kennedy. No further proceedings under chapter 742 were required, or permitted, to establish Kennedy's paternity. See § 742.10(4), (5), Fla....

...Chambers v. Travis, 971 So.2d 157, 160-61 (Fla. 1st DCA 2007) (emphasizing that unchallenged voluntary acknowledgment of paternity serves to establish paternity and holding it was error for court to order DNA testing where father had not alleged grounds in 742.10(4) or the "newly discovered evidence" necessary to disestablish paternity under section 742.18)....

...That statute describes the people who are required to give consent for an adoption. This case clearly does not involve an adoption. The only other recognized use for an acknowledgment of paternity is to establish paternity for a nonmarital child. See § 742.10, Fla....

...REVERSED and REMANDED for further proceedings in accordance with this opinion. GLICKSTEIN and GUNTHER, JJ., concur. NOTES [1] Although Tafur conceded on the record that he fathered Campo's two minor children, this admission, absent an affidavit alleging the same, only creates a rebuttable presumption of paternity. § 742.10, Fla....

...hile chapter 742 recognized that paternity determinations could be made in probate proceedings, those determinations would, like all other such determinations, be subject to the general limitations period provided in section 95.11(3)(b). Id.; see § 742.10, Fla. Stat....

...voluntarily promised in writing to support the child(ren) and was required to support the child(ren) based on that promise; e. received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded; or f. signed a voluntary acknowledgment of paternity as provided by section 742.10(4), Florida Statutes....

...not the biological father of the child. The establishment of paternity for a child born out of wedlock “may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.” § 742.10(4), Fla....

...ince the initial paternity determination or establishment of a child support obligation. § 742.18, Fla. Stat. (2015). In the case before us, it is clear that the father did not plead any basis to contest or disestablish paternity under subsection 742.10(4) or under section 742.18....

...acknowledgment of paternity by Appellees. Appellant argues that the trial court erred when it determined he failed to meet his burden to rebut the presumption of paternity even though the trial court expressly found that the voluntary acknowledgement was the product of fraud. See § 742.10(1), (4), Fla....

...Stat. (2015) (“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.”); § 742.10(1), Fla....

presented by this case, I observe the following: section 742.10 provides for the establishment of paternity

...to fully participate in the proceedings below. By waiving his right to a hearing, the Father waived his ability to challenge the sufficiency of the evidence to support the Department's determination of his child support obligations.”); see also § 742.10(4), Fla....

...Heather. No Appearance for Remaining Appellee. November 15, 2024 PER CURIAM. Amanda C. Watson timely appeals the trial court’s Order of Paternity finding Chad Spencer was the natural parent and father of her minor child, C.H.S., based on presumptive paternity under section 742.10(1), Florida Statutes (2023)....

...The mother asserts the trial court erred in finding that the voluntary acknowledgement of paternity was the product of her undisputed fraud while simultaneously holding there was no conclusive evidence to rebut the presumption of paternity in accordance with section 742.10(4), Florida Statutes....

rebuttable presumption of paternity pursuant to section 742.10(1), Florida Statutes. We affirm a summary judgment

...the child(ren) based on that promise; e. received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded; or f. signed a voluntary acknowledgment of paternity as provided by section 742.10(4), Florida Statutes. It is therefore ORDERED AND ADJUDGED: {Indicate all that apply} __ Petitioner’s, {name} paternity of {name(s) of child(ren)}...

...n action “with respect to proceedings for alimony, child support, or division of property in connection with an action to dissolve a marriage.” While this suit is an action to determine paternity, it is also an action for support of a dependent. § 742.10 provides as follows: “This chapter shall be in lieu of any other proceedings provided by law for the determination of paternity and support of children born out of wedlock.” (Emphasis supplied.) AFFIRMED....

.... ."). He correctly contends that even though the DNA test results revealed that he is not the biological father, he is entitled to the presumption that he is the legal father because he was named as the child's father on the birth certificate. See § 742.10(1). 2 Section 742.10(1) provides that if an affidavit acknowledging paternity is executed by both parties, witnessed, and signed under penalty of perjury, a rebuttable presumption of paternity is created....

...If not rescinded within the sixty-day period, the voluntary acknowledgment of paternity "shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger." § 742.10(4) (emphasis added)....

...Because the parties did not rescind the acknowledgement within sixty days, N.D.'s paternity was established by operation of law. Thereafter, N.D. "was neither required nor permitted to take action under chapter 742 to further establish his paternity." Van Weelde, 110 So. 3d at 921; see also § 742.10(5) ("Judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity.")....

...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)....

...Consequently, the mother was entitled to primary residential care and custody of the child, which includes the decision as to where the child would attend school. The parents had resided together in Boynton Beach since the child’s birth in 2014. In accordance with section 742.10(4), Florida Statutes (2014), the father signed a voluntary acknowledgment of paternity at the child’s birth....

...parenting plan.”  Following the parties’ breakup in 2022, the mother moved with the child to her parents’ home in Loxahatchee, about 23 miles away from Boynton Beach, and enrolled the second grader in school there. An acknowledgment of paternity under section 742.10 creates a “rebuttable presumption” of paternity if unchallenged after sixty days. § 742.10(1), Fla....

“natural father” of the child. As described in section 742.10(1), Florida Statutes (2010), this Acknowledgement

establishment of paternity for purposes of this chapter. § 742.10, Fla.Stat. (1991) (e.s.). Since establishment

...child(ren) based on that promise; e. received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded; or f. signed a voluntary acknowledgment of paternity as provided by section 742.10(4), Florida Statutes. It is therefore ORDERED AND ADJUDGED: {Indicate all that apply} _____Petitioner’s, {full legal name} paternity of {name(s) of child(ren) ___________________________________...

...than the legal father of a child is the biological father will not be ordered unless the court determines that it is in the best interest of the child.” Callahan v. Dep’t of Revenue ex rel. Roberts, 800 So.2d 679, 680 (Fla. 5th DCA 2001). Under section 742.10(1), Florida Statutes (2006), out-of-wedlock paternity can be established through a number of methods, including a voluntarily signed and notarized acknowledgment by the father. The father then has sixty days to challenge the paternity. Upon expiration of the sixty-day period, the paternity may be challenged only for fraud, duress, or material mistake of fact. § 742.10(4)....

...legal proceeding and sought the genetic testing. The respondents testified at hearings on their motions, with the Department asserting that paternity could only be challenged on the basis of fraud, duress, or material mistake of fact as indicated in section 742.10(4), Florida Statutes....

...However, the court did not rule that any of these criteria were proved, and did not make any ruling as to the ultimate question of paternity. Rather, the court made findings based on the testimony, and .determined that the respondents had sufficiently raised the issue of fraud or material mistake. Because section 742.10(4) permits a paternity challenge on this basis, the Department has failed to show any clear departure from the essential requirements of law....

established in the course of probate proceedings. Section 742.10, Florida Statutes (1991), confirms this, providing

...2d DCA 2011). We conclude that the trial court departed from the essential requirements of the law in granting B.R.'s motion for genetic testing because B.R. is precluded from bringing a cause of action to challenge the paternity of the child. Section 742.10(1), Florida Statutes (2012), provides for procedures to be used in determining paternity when children are born out of wedlock....

...It provides that if an individual signs a notarized voluntary acknowledgment of paternity, such acknowledgment creates a rebuttable presumption of paternity. Here, both J.A.I. and J.K.C. signed an acknowledgment of paternity on April 20, 2012, and J.K.C.'s name was placed on the child's birth certificate. Section 742.10(4) provides that after sixty days have passed since the voluntary acknowledgment of paternity was signed, this acknowledgment of paternity "shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger . . . ." B.R. filed his petition to determine paternity on June 26, 2012, and his amended petition on June 17, 2014, after the sixty-day time period in section 742.10(4) had expired.1 In his amended petition to determine paternity, B.R....

...paternity of the child when paternity has not been established by law or otherwise." Here, paternity was established by the filing of the voluntary acknowledgment of paternity on April 20, 2012, and the expiration of the sixty-day time period in section 742.10(4)....

...This court began its analysis by noting: Paternity would be established "by law" when there has been an adjudication of paternity or by the filing of affidavits or stipulation acknowledging paternity as provided in section 742.10....

...Because the trial court failed to make the requisite findings under section 742.18(2), Florida Statutes (2015), we reverse. In 2013, the trial court determined Augustin’s paternity to the child, Farouto Augustin, Jr., (born 11/15/2006) as a matter of law under section 742.10, Florida Statutes....

...The trial court did not err in entering an order finding that Mitchell’s paternity had been established by voluntary acknowledgment of paternity. Mitchell is on the child’s birth certificate and Schauer acknowledges his paternity. See § 742.10(1), Fla....

...Gordon, 365 So. 3d 1247, 1249 n.* (Fla. 1st DCA 2023) (“Because Miller appears on the child’s birth certificate and the mother does not challenge Miller’s status as the father, a paternity hearing was neither required nor permitted.”) (citing § 742.10(1), Fla....

...Stat.). Nor did the court err when it entered the order denying Schauer’s motion for a child pick-up order. As of July 1, 2023, the Legislature amended section 744.301(1) to provide that “[t]he mother of a child born out of wedlock and a father who has established paternity under s. 742.011 or s. 742.10 are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents.” § 744.301(1), Fla....

...Franklin, for appellant. Kluger, Kaplan, Silverman, Katzen and Levine, P.L., Bruce A. Katzken, and Lauren S. Fallick; Samson Appellate Law and Daniel M. Samson, for appellees. Before EMAS, FERNANDEZ and SCALES, JJ. PER CURIAM. Affirmed. See § 742.10(1), Fla....

...father did not establish good cause for paternity testing. To establish good cause, the father must allege (and ultimately prove) that he signed the paternity affidavit on the birth certificate due to fraud, duress, or a material mistake of fact, § 742.10(4), Fla....

...nt. Thus, Wilburn can in no wise prevail, and judgment on the pleadings should be entered in favor of the Personal Representative.” The Supreme Court has, since the entry of this order, ruled in Kendrick v. Everheart, 390 So.2d 53 (Fla.1980), that § 742.10 is limited in its application to suits brought by a mother to enforce her child’s support rights against the natural father....

...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. As such, J.C.J. has been established as the legal father of the minor child. See § 742.10(1) ("[I]f an affidavit acknowledging paternity or stipulation of paternity is executed by both parties and filed with the clerk of the court ......

...seeks reversal of the adjudication of paternity, arguing, among other things, that the trial court applied an incorrect “preponderance of the evidence” burden of proof. We reverse. Chapter 742, Florida Statutes, is the primary vehicle for the establishment of paternity. See § 742.10(1), Fla....

...ht to block a biological father’s right to determine paternity by her marriage to another man during the pen-dency of a paternity action. 1 We decline *640 to further extend I A to include the facts of this case. We conclude that the provisions of section 742.10(1) are more applicable to these proceedings than those in section 742.091. Section 742.10(1) explains that chapter 742 “provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock.” It explains that “[i]f no adjudicatory proceeding was held [to determine paterni...

...4 Rodriguez subsequently withdrew her petition to disestablish Castillo’s paternity, and on June 19, 2018, Rodriguez and Coira filed a joint amended petition. The three-count, joint amended petition sought disestablishment of paternity for Castillo pursuant to sections 742.10(4) and 742.18, Florida Statutes, and establishment of paternity for Coira as the biological father of LC. On October 24, 2019, Rodriguez filed a motion for partial summary judgment relying on sections 742.12(4), 742.18(11) and 742.10(4), Florida Statutes, as the bases for disestablishment of paternity for Castillo. Specifically, Rodriguez argued that summary judgment could be entered based on a material mistake of fact—specifically, that the DNA results including i...

...s a matter of law. Thus, our standard of review is de novo.” Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000) (citation omitted). III. DISCUSSION Rodriguez avers that sections 742.18(11), 742.12(4), and 742.10, Florida Statutes, support her petition to disestablish paternity....

...Rodriguez, however, relies on a caveat in subsection (11) which provides that: “[n]othing in this section precludes an individual from seeking relief from a final judgment, decree, order, or proceeding pursuant to Rule 1.540, Florida Rules of Civil Procedure, or from challenging a paternity determination pursuant to s. 742.10(4).” § 742.18(11), Fla. Stat. As explained below, Rodriguez’s—and the trial court’s—reliance on section 742.10(4), Florida Statutes, is misplaced. Importantly, section 742.10(4), Florida Statutes, provides Rodriguez with no basis for relief....

...Specifically, this subsection doesn’t permit relief based on the facts of the case. Instead, subsection (4) provides a mechanism to challenge “a signed voluntary acknowledgement of paternity . . . on the basis of fraud, duress, or material mistake of fact” outside the 60-day window referred to in subsection (1). § 742.10(4), Fla. Stat. Here, we have an adjudication of paternity by a circuit court of competent jurisdiction, not a 6 voluntary acknowledgment of paternity as described in section 742.10(1). The trial court adjudicated Castillo as LC’s natural father on February 22, 2016. Section 742.10(4), Florida Statutes, contemplates a challenge only in the absence of an adjudicatory proceeding....

...cal father. Where this is so, it seldom will be in the children’s best interests to wrench them away from their legal fathers and judicially declare that they now 5 We note that Rodriguez sought relief under section 742.10(4) before the trial court....

...of paternity . . . subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, . . . whichever is earlier.” § 742.10(1), Fla. Stat....

...v. B.R., 160 So. 3d 473, 475 (Fla. 2d DCA 2015) (explaining that “[p]aternity would be established ‘by law’ when there has been an adjudication of paternity or by the filing of affidavits or stipulation acknowledging paternity as provided in section 742.10”) (quoting I.A....

...an establishment of paternity that can only be challenged in court ‘on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.’” A.D.A. v. D.M.F., 204 So. 3d 523, 527 (Fla. 4th DCA 2016) (quoting § 742.10(4), Fla. Stat.); see Allison v. Medlock, 983 So. 2d 789, 791 (Fla. 4th DCA 2008) (recognizing that the party “challenging the presumption of paternity” “has the burden of proof”). “Clearly, the section 742.10(1) presumption should not apply if the Acknowledgment of Paternity was fraudulent.” A.D.A., 204 So....

...at the acknowledgment of paternity should be voided due to fraud, duress, or material mistake of fact. At such a hearing, the burden of proof shall be on the mother to establish the facts that would negate Bronner’s status as the legal father. See § 742.10(4), Fla....

...There is no evidence in the record to show that the former husband is under any legal obligation for the child’s support. Finally, there is no evidence to show that the former husband established his paternity for the child by affidavit or stipulation with the mother in accordance with section 742.10, Florida Statutes (Supp.1992)....

...and attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in s. 742.021 shall be void. The record of the proceedings in such cases shall be sealed against public inspection in the interests of the child. . § 742.10, Fla.Stat....

...confirmed Orosco as the biological father of M.A.R. Following a trial in the matter, the lower court found there were competing presumptions, and the best interests of the child would be served by establishing paternity in favor of Rodriguez under section 742.10, Florida Statutes (2018)....

...Clark, 298 So. 3d 1244, 1248 (Fla. 5th DCA 2020) (citing B.Y. v. Dep’t of Child. & Fams., 887 So. 2d 1253, 1255 (Fla. 2004)). The trial court found there were competing presumptions of paternity—a presumption in favor of Rodriguez pursuant to section 742.10, and a common law presumption of legitimacy in favor of Orosco as a result of his continuing marriage to Diehl. Finding that Rodriguez was the only meaningful father the child has ever known, the trial court determined that the best interests of the child would be served by establishing him as the child’s legal father. Section 742.10, titled “Establishment of paternity for children born out of wedlock,” reads, in pertinent part as follows: If an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity o...

...4  including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge, except upon a finding of good cause by the court. § 742.10(1), (4) (emphasis added)....

...child was born in 2013, Diehl was still married to Orosco. A statute must be given its plain and ordinary meaning when its language is clear and unambiguous. Maloy v. Seminole Cnty., 264 So. 3d 370, 372 (Fla. 5th DCA 2019). The first sentence of section 742.10 states “this chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock.” (emphasis added)....

...was not born out of wedlock.2 Even though it was undisputed that Orosco and Diehl were still married, the trial court found that the marriage between Diehl and Orosco was “the least intact marriage possible, short of filing for a divorce.” However, section 742.10 does not carve out an exception that would apply to children born during a damaged or failing marriage....

...There were no divorce proceedings pending between Diehl and Orosco at that time; therefore the marriage was intact. Although both Orosco and Rodriguez may have believed Diehl was divorced from Orosco, the fact remains that she was not. As such, section 742.10 is inapplicable, and a presumption of legitimacy exists as a result of Orosco and Diehl’s marriage. Still, a child’s biological father has standing to rebut the presumption of legitimacy when he has manifested a substantia...

...1st DCA 2007)); see also Fla. Fam. L. R. P. 12.360(a); Fla. R. Civ. P. 1.360(a). A trial court is further charged with determining that the testing would be in the “child’s best interest.” Flores v. Sanchez, 137 So. 3d 1104, 1108 (Fla. 3d DCA 2014). Section 742.10, Florida Statutes (2022), governs paternity determinations for children born out of wedlock. As relevant to this dispute, once a father executes a voluntary acknowledgment of paternity, the document “constitutes the establishment of paternity for purposes of [chapter 742].” § 742.10(1), Fla....

...any signatory may rescind within sixty days of execution. Id. After sixty days, however, the document “may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.” § 742.10(4), Fla....

PER CURIAM. Inasmuch as the circuit court essentially construed the respondent’s hand-written pro se request for DNA testing as a section 742.10(4), Florida Statutes, challenge to paternity based on fraud, duress, or material mistake of fact, we deny the petition for writ of certiorari....

...parents and child for the purposes of determining paternity. We grant the petition and quash the order under review. Because respondent executed the Acknowledgement of Paternity form, legal paternity has been established pursuant to Florida Statute section 742.10(4)....

at any given time. In this case, pursuant to section 742.10, Florida Statutes, in 1988 the mother’s then

...aternity “subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, . . . whichever is earlier.” § 742.10(1), Fla....

...(2022); see also J.A.I. v. B.R., 160 So. 3d 473, 475 (Fla. 2d DCA 2015) (“Paternity would be established ‘by law’ when there has been an adjudication of paternity or by the filing of affidavits or stipulation acknowledging paternity as provided in section 742.10.”) (quoting I.A....

...If sixty days have passed after the signing of a voluntary acknowledgment of paternity, it “shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger[.]” § 742.10(4), Fla....

...Therefore, section 742.011 does not provide Bauer with the statutory basis to bring a cause of action to determine paternity. See J.A.I., 160 So. 3d at 474 (“Here, paternity was established by the filing of the voluntary acknowledgment of paternity . . . and the expiration of the sixty-day time period in section 742.10(4)....

proof upon *991 the challenger.” § 742.10(4), Fla. Stat. (2015). Alternatively, a male may

...Because the complaint’s allegations demonstrated that Raymond, Jr.’s paternity had already been established, we affirm the dismissal of the complaint. Because Williams-Raymond’s complaint alleges that, at the time the child was born, she was not married, chapter 742, Florida Statutes, governs her paternity claim. See § 742.10(1), Fla....