Florida Statute 742.18 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.18

742.18 Disestablishment of paternity or termination of child support obligation.—

(1) This section establishes circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child. If the child support obligation was determined administratively and has not been ratified by a court, then the petition must be filed in the circuit court where the mother or legal guardian or custodian resides. Such a petition must be served on the Department of Revenue and on the mother or legal guardian or custodian. If the mother or legal guardian or custodian no longer resides in the state, the petition may be filed in the circuit court in the county where the petitioner resides. The petition must include:

(a) An affidavit executed by the petitioner that newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of a child support obligation.

(b) The results of scientific tests that are generally acceptable within the scientific community to show a probability of paternity, administered within 90 days prior to the filing of such petition, which results indicate that the male ordered to pay such child support cannot be the father of the child for whom support is required, or an affidavit executed by the petitioner stating that he did not have access to the child to have scientific testing performed prior to the filing of the petition. A male who suspects he is not the father but does not have access to the child to have scientific testing performed may file a petition requesting the court to order the child to be tested.

(c) An affidavit executed by the petitioner stating that the petitioner is current on all child support payments for the child for whom relief is sought or that he has substantially complied with his child support obligation for the applicable child and that any delinquency in his child support obligation for that child arose from his inability for just cause to pay the delinquent child support when the delinquent child support became due.

(2) The court shall grant relief on a petition filed in accordance with subsection (1) upon a finding by the court of all of the following:

(a) Newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of a child support obligation.

(b) The scientific test required in paragraph (1)(b) was properly conducted.

(c) The male ordered to pay child support is current on all child support payments for the applicable child or that the male ordered to pay child support has substantially complied with his child support obligation for the applicable child and that any delinquency in his child support obligation for that child arose from his inability for just cause to pay the delinquent child support when the delinquent child support became due.

(d) The male ordered to pay child support has not adopted the child.

(e) The child was not conceived by artificial insemination while the male ordered to pay child support and the child’s mother were in wedlock.

(f) The male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child.

(g) The child was younger than 18 years of age when the petition was filed.

(3) Notwithstanding subsection (2), a court shall not set aside the paternity determination or child support order if the male engaged in the following conduct after learning that he is not the biological father of the child:

(a) Married the mother of the child while known as the reputed father in accordance with s. 742.091 and voluntarily assumed the parental obligation and duty to pay child support;

(b) Acknowledged his paternity of the child in a sworn statement;

(d) Voluntarily promised in writing to support the child and was required to support the child 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 in s. 742.10(4).

(4) In the event the petitioner fails to make the requisite showing required by this section, the court shall deny the petition.

(5) In the event relief is granted pursuant to this section, relief shall be limited to the issues of prospective child support payments and termination of parental rights, custody, and visitation rights. The male’s previous status as father continues to be in existence until the order granting relief is rendered. All previous lawful actions taken based on reliance on that status are confirmed retroactively but not prospectively. This section shall not be construed to create a cause of action to recover child support that was previously paid.

(6) The duty to pay child support and other legal obligations for the child shall not be suspended while the petition is pending except for good cause shown. However, the court may order the child support to be held in the registry of the court until final determination of paternity has been made.

(7)(a) In an action brought pursuant to this section, if the scientific test results submitted in accordance with paragraph (1)(b) are provided solely by the male ordered to pay child support, the court on its own motion may, and on the petition of any party shall, order the child and the male ordered to pay child support to submit to applicable scientific tests. The court shall provide that such scientific testing be done no more than 30 days after the court issues its order.

(b) If the male ordered to pay child support willfully fails to submit to scientific testing or if the mother or legal guardian or custodian of the child willfully fails to submit the child for testing, the court shall issue an order determining the relief on the petition against the party so failing to submit to scientific testing. If a party shows good cause for failing to submit to testing, such failure shall not be considered willful. Nothing in this paragraph shall prevent the child from reestablishing paternity under s. 742.10.

(c) The party requesting applicable scientific testing shall pay any fees charged for the tests. If the custodian of the child is receiving services from an administrative agency in its role as an agency providing enforcement of child support orders, that agency shall pay the cost of the testing if it requests the test and may seek reimbursement for the fees from the person against whom the court assesses the costs of the action.

(8) If the relief on a petition filed in accordance with this section is granted, the clerk of the court shall, within 30 days following final disposition, forward to the Office of Vital Statistics of the Department of Health a certified copy of the court order or a report of the proceedings upon a form to be furnished by the department, together with sufficient information to identify the original birth certificate and to enable the department to prepare a new birth certificate. Upon receipt of the certified copy or the report, the department shall prepare and file a new birth certificate that deletes the name of the male ordered to pay child support as the father of the child. The certificate shall bear the same file number as the original birth certificate. All other items not affected by the order setting aside a determination of paternity shall be copied as on the original certificate, including the date of registration and filing. If the child was born in a state other than Florida, the clerk shall send a copy of the report or decree to the appropriate birth registration authority of the state where the child was born. If the relief on a petition filed in accordance with this section is granted and the mother or legal guardian or custodian requests that the court change the child’s surname, the court may change the child’s surname. If the child is a minor, the court shall consider whether it is in the child’s best interests to grant the request to change the child’s surname.

(9) The rendition of an order granting a petition filed pursuant to this section shall not affect the legitimacy of a child born during a lawful marriage.

(10) If relief on a petition filed in accordance with this section is not granted, the court shall assess the costs of the action and attorney’s fees against the petitioner.

(11) Nothing 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).

History.—s. 1, ch. 2006-265.

F.S. 742.18 on Google Scholar

F.S. 742.18 on Casetext

Amendments to 742.18

Arrestable Offenses / Crimes under Fla. Stat. 742.18

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.18.

Annotations, Discussions, Cases:

Cases Citing Statute 742.18

Total Results: 20

STATE OF FLORIDA, DEPARTMENT OF REVENUE v. HUGO A. TROCHEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-03T00:53:00-07:00

Snippet: to disestablish paternity pursuant to section 742.18(1), Florida Statutes. In the instant case… 4 to disestablish paternity. See § 742.18, Fla. Stat. Instead, he sought testing merely

JUDITH DOMINGUEZ v. HOWARD GONZALEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-08T23:53:00-08:00

Snippet: and BOKOR, JJ. PER CURIAM. Affirmed. §742.18 (1), (3), Fla. Stat. (2021). 20-1710

JOSE R. CASTILLO v. SOLIMAR RODRIGUEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-21T23:53:00-08:00

Snippet: for Castillo pursuant to sections 742.10(4) and 742.18, Florida Statutes, and establishment of paternity…summary judgment relying on sections 742.12(4), 742.18(11) and 742.10(4), Florida Statutes, as the bases… DISCUSSION Rodriguez avers that sections 742.18(11), 742.12(4), and 742.10, Florida Statutes, …paternity based on the facts of this case. Section 742.18, Florida Statutes, governs disestablishment of … is not the biological father of the child.” § 742.18(1), Fla. Stat. (emphasis added). Rodriguez, however

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms-12.951(a) and (B).

Court: Fla. | Date Filed: 2018-06-21T00:00:00-07:00

Citation: 246 So. 3d 1121

Snippet: forms. For further information, see Section 742.18, Florida Statutes. Special notes ...

Dept. of Revenue v. Augustin

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-02T23:53:00-08:00

Snippet: biological father of the child. §742.18(1). To grant relief under section 742.18(2), a trial court must find…failed to make the requisite findings under section 742.18(2), Florida Statutes (2015), we reverse. …petition to disestablish paternity under section 742.18. The petition alleged that a 2009 DNA test was …” This appeal followed. Section 742.18, Florida Statutes “establishes circumstances under…seven factors enumerated in the statute are met. §742.18(2)(a)- (g). Among these factors, a trial court

L.G., THE FATHER v. DEPT. OF CHILDREN & FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-11T00:00:00-07:00

Citation: 227 So. 3d 653, 2017 WL 4535051

Snippet: enactment of section 742.18. To the extent Privette was not superseded by section 742.18, it has no .application…petition to disestablish paternity under section 742.18, Florida Statutes (2016). L.G. was never married…disestablishment of paternity could be granted. Section 742.18 contains no such requirement. As noted above…requirements for disestablishing paternity under section 742.18 are satisfied, the trial court shall grant relief

J.R-P. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-04T00:00:00-07:00

Citation: 228 So. 3d 628

Snippet: father of the child.” § 742.18(1). The trial court determined that section 742.18 was not exactly on point…biological father of the child.” § 742.18(1). Thus, section 742.18 provides a mechanism by which J.R-P…other things, the trial court disr cussed section 742.18, Florida Statutes (2014), which provides the “circumstances…disestablish another’s paternity. Relying on section 742.18, J.R.-P. asserts that he is the only person who…may seek to disestablish his paternity. Section 742.18 “establishes circumstances under which a male may

M.L. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-03T00:00:00-07:00

Citation: 227 So. 3d 142, 2017 WL 1718807, 2017 Fla. App. LEXIS 6187

Snippet: intervene before the TPR trial. Finding that section 742.18, Florida Statutes (2016)—which outlines the procedure

Department of Revenue v. M.J.M.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-28T00:00:00-07:00

Citation: 217 So. 3d 1148, 2017 WL 1534807, 2017 Fla. App. LEXIS 5903

Snippet: petition to disestablish paternity pursuant to section 742.18, Florida Statutes (2012). DOR asserts that the …order and remand for that purpose. I. A. Section 742.18(1) identifies the “circumstances under which a …when the delinquent child support became due. § 742.18(1). The statute also provides that a court must…when the delinquent child support became due. § 742.18(2). With this brief explanation of the statutory…petition to disestablish paternity pursuant to section 742.18. He named DOR and M.R.’s mother as respondents.

Department of Revenue Ex Rel. Meeker v. Silva

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-24T00:00:00-07:00

Citation: 214 So. 3d 766, 2017 Fla. App. LEXIS 3897

Snippet: specific pleading requirements. See § 742.18(1), Fla. Stat. (2014). However, Silva has not filed

Anderson v. State Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-09T00:00:00-08:00

Citation: 202 So. 3d 966, 2016 Fla. App. LEXIS 16646

Snippet: and serve the *970petition on the Department. § 742.18(1), Fla. Stat. (2015). One of the permissible grounds…male is not the child’s biological father. See § 742.18(l)(a)-(b), Fla. Stat. However, “[t]he male’s previous…until the order granting relief is rendered.” § 742.18(5), Fla. Stat. Here, the Department repeatedly

Christopher Sheridan v. Samantha K. Rennhack

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-04T00:00:00-07:00

Citation: 200 So. 3d 255, 2016 Fla. App. LEXIS 14754

Snippet: petition to disestablish paternity pursuant to section 742.18, Florida Statutes (2014). Because the summary judgment… to disestablish paternity, pursuant to section 742.18, Florida Statutes, Consistent with the facts he…of paternity and child support determination. § 742.18(l)(a), Fla. Stat. In her response to Appellant…payments. Accordingly, these facts under section 742.18 were disputed facts. See Lacombe v. Deutsche…from the statutory cause of action under section 742.18, the court concluded that the mother was entitled

State, Department of Revenue v. Hartsell

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-29T00:00:00-07:00

Citation: 189 So. 3d 363, 2016 WL 1718870, 2016 Fla. App. LEXIS 6626

Snippet: complied with the pleading requirements of séction 742.18, Florida Statutes (2014). “To be entitled to certiorari…substantially complied with the requirements of section 742.18(1). Although Mr. Hart-sell sufficiently alleged… paternity in doubt. B. Compliance with Section 742.18, Florida’s Paternity Disestablishment Statute The…substantially complied- with the requirements of section 742.18. Although we find this argument to be without merit…that have been adjudicated by this Court. Section 742.18(1) provides that a petition for disestablishment

State Of Florida, Dept. Of Revenue v. Gary L. Ceasar, Jr.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-25T00:00:00-07:00

Citation: 188 So. 3d 989, 2016 Fla. App. LEXIS 6248

Snippet: establishment of a child support obligation. § 742.18,- Fla. Stat. (2015). In this case, however…disestablish paternity under either § 742.10(4) or § 742.18. And there were no pending paternity proceedings

State, Department of Revenue Ex Rel. Johnson v. Haughton

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-09T00:00:00-08:00

Citation: 188 So. 3d 32, 2016 Fla. App. LEXIS 3560

Snippet: father of the child. ANALYSIS Section 742.18(5), Florida Statutes (2006), requires a party to

In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

Court: Fla. | Date Filed: 2015-11-19T00:00:00-08:00

Citation: 205 So. 3d 1, 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607

Snippet: these forms. For further information, see Section 742.18, Florida Statutes. Special notes ...

FLORIDA DEPARTMENT OF Revenue, etc. v. Christopher Lee Spraggs

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-20T00:00:00-07:00

Citation: 213 So. 3d 959

Snippet: establishment of a child support obligation. § 742.18, Fla. Stat. (2015). *961 In the case…paternity under subsection 742.10(4) or under section 742.18. Simply put, there was no paternity action pending

Jordan Alexander Drouin v. Ruby Megan Stuber n/k/a Ruby Megan Kane

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-01T00:00:00-07:00

Citation: 168 So. 3d 305, 2015 Fla. App. LEXIS 9960

Snippet: DCA 2011) (recognizing 2006 enactment of section 742.18, Florida Statutes, authorizing action to disestablish

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: these forms. For further information, see Section 742.18, Florida Statutes.

In re Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2015-03-26T00:00:00-07:00

Citation: 173 So. 3d 19

Snippet: these forms. For further information, see Section 742.18, Florida Statutes. Special notes ... Remember,