Florida Statute 742.18 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 742.18

Annotations, Discussions, Cases:

Cases Citing Statute 742.18

Total Results: 46

STATE, DEPT. OF REVENUE v. Travis

971 So. 2d 157, 2007 WL 4372795

District Court of Appeal of Florida | Filed: Dec 17, 2007 | Docket: 1731615

Cited 17 times | Published

*161 either with section 742.10(4) or with section 742.18, Florida Statutes (2007): There are two different

D.M.T. v. T.M.H.

129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Supreme Court of Florida | Filed: Nov 7, 2013 | Docket: 60237374

Cited 13 times | Published

argument that section 742.14, in combination with section 742.18(2), unconstitutionally creates an unreasonable

Parker v. Parker

950 So. 2d 388, 2007 WL 268780

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 1501756

Cited 13 times | Published

these policy considerations when it enacted section 742.18, Florida Statutes, in 2006, which provides

State, Department of Revenue Ex Rel. Carnley v. Lynch

53 So. 3d 1154, 2011 Fla. App. LEXIS 1440, 2011 WL 362413

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 2406767

Cited 12 times | Published

section 742.10(4), Florida Statutes (2009), or section 742.18(1), Florida Statutes (2009), to "disestablish"

DEPT. OF REVENUE EX REL. TEP v. Price

958 So. 2d 1045

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 1734919

Cited 10 times | Published

court and follow the requirements enunciated in section 742.18(1). The court may not set aside paternity if

Flores v. Sanchez

137 So. 3d 1104, 2014 WL 1230488, 2014 Fla. App. LEXIS 4406

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240171

Cited 7 times | Published

section 742.10(4), Florida Statutes (2009), or section 742.18(1), Florida Statutes (2009), to ‘disestablish’

P.G. v. E.W.

75 So. 3d 777, 2011 Fla. App. LEXIS 18953, 2011 WL 5964566

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60303932

Cited 5 times | Published

petition to disestablish paternity pursuant to section 742.18, Florida Statutes (2009). At the hearing on

Hooks v. Quaintance

71 So. 3d 908, 2011 Fla. App. LEXIS 15779, 2011 WL 4597500

District Court of Appeal of Florida | Filed: Oct 6, 2011 | Docket: 2355027

Cited 5 times | Published

evidence with his petition, as required under section 742.18, Florida Statutes (2009). Appellant argues

Johnston v. Johnston

979 So. 2d 337, 33 Fla. L. Weekly Fed. D 925

District Court of Appeal of Florida | Filed: Apr 3, 2008 | Docket: 304788

Cited 4 times | Published

support obligation. The petition was filed under section 742.18, Florida Statutes (2006), and was dismissed

STATE, DEPT. OF REVENUE v. Young

995 So. 2d 1080, 2008 WL 4949303

District Court of Appeal of Florida | Filed: Nov 21, 2008 | Docket: 1684597

Cited 2 times | Published

correspondence as a petition for disestablishment under section 742.18, Florida Statutes (2007), and ordered another

Fernandez v. Department of Revenue

971 So. 2d 875, 2007 WL 4124554

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1731838

Cited 2 times | Published

paternity was not yet effective. That statute, section 742.18, became effective June 20, 2006, and provides

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

227 So. 3d 653, 2017 WL 4535051

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167439

Cited 1 times | Published

his petition to disestablish paternity under section 742.18, Florida Statutes (2016). L.G. was never married

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

228 So. 3d 628, 2017 WL 4393239

District Court of Appeal of Florida | Filed: Oct 4, 2017 | Docket: 6163426

Cited 1 times | Published

Among other things, the trial court disr cussed section 742.18, Florida Statutes (2014), which provides the

Department of Revenue v. M.J.M.

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

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60265633

Cited 1 times | Published

petition to disestablish paternity pursuant to section 742.18, Florida Statutes (2012). DOR asserts that

Christopher Sheridan v. Samantha K. Rennhack

200 So. 3d 255, 2016 Fla. App. LEXIS 14754, 2016 WL 5746681

District Court of Appeal of Florida | Filed: Oct 4, 2016 | Docket: 4468679

Cited 1 times | Published

petition to disestablish paternity pursuant to section 742.18, Florida Statutes (2014). Because the summary

State, Department of Revenue v. Hartsell

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

District Court of Appeal of Florida | Filed: Apr 29, 2016 | Docket: 60254482

Cited 1 times | Published

substantially complied with the requirements of section 742.18(1). Although Mr. Hart-sell sufficiently alleged

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

173 So. 3d 19

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 60294087

Cited 1 times | Published

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

MOHORN v. Thomas

30 So. 3d 710, 2010 Fla. App. LEXIS 4216, 2010 WL 1222700

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1120225

Cited 1 times | Published

evidence" necessary to disestablish paternity under section 742.18). The establishment of paternity under chapter

Doe v. SUNTRUST BANK

32 So. 3d 133, 2010 Fla. App. LEXIS 568, 2010 WL 323031

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1662508

Cited 1 times | Published

request of a party in a paternity action and section 742.18, which provides for scientific testing to disestablish

Jose Francisco Cuevas Martinez v. Iris Marina Cuevas

District Court of Appeal of Florida | Filed: Jul 3, 2025 | Docket: 70699426

Published

he “is not the biological father of the child.” § 742.18(1), Fla. Stat. (2006). To do so, he must file

Alexander L. Bauer v. Jordin Carlson and Taylor A. Butler

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843480

Published

biological father and therefore, pursuant to section 742.18(3), Florida Statutes, Bauer cannot disestablish

Saul Augusto Ojeda Egui v. Department of Revenue, Child Support Program

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69392832

Published

burden of proof upon the challenger . . . .”); § 742.18(1), Fla. Stat. (2024) (“[E]stablish[ing] circumstances

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

District Court of Appeal of Florida | Filed: Aug 3, 2022 | Docket: 64865296

Published

petition to disestablish paternity pursuant to section 742.18(1), Florida Statutes. In the instant

JOSE R. CASTILLO v. SOLIMAR RODRIGUEZ

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637662

Published

paternity based on the facts of this case. Section 742.18, Florida Statutes, governs disestablishment

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

246 So. 3d 1121

Supreme Court of Florida | Filed: Jun 21, 2018 | Docket: 7239886

Published

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

Dept. of Revenue v. Augustin

237 So. 3d 1123

District Court of Appeal of Florida | Filed: Jan 3, 2018 | Docket: 6250709

Published

failed to make the requisite findings under section 742.18(2), Florida Statutes (2015), we reverse.

M.L. v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 60276784

Published

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

Department of Revenue Ex Rel. Meeker v. Silva

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

District Court of Appeal of Florida | Filed: Mar 24, 2017 | Docket: 4667185

Published

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

Anderson v. State Department of Revenue

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

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 60257333

Published

and serve the *970petition on the Department. § 742.18(1), Fla. Stat. (2015). One of the permissible

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

188 So. 3d 989, 2016 Fla. App. LEXIS 6248, 2016 WL 1621108

District Court of Appeal of Florida | Filed: Apr 25, 2016 | Docket: 3058398

Published

or establishment of a child support obligation. § 742.18,- Fla. Stat. (2015). In this case, however

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

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

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042867

Published

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

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

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

Supreme Court of Florida | Filed: Nov 19, 2015 | Docket: 3014109

Published

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

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

213 So. 3d 959

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991548

Published

or establishment of a child support obligation. § 742.18, Fla. Stat. (2015). *961 In the

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

168 So. 3d 305, 2015 Fla. App. LEXIS 9960, 2015 WL 4002274

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679219

Published

2d 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

173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

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

State of Florida, Dept. of Revenue v. Kyle Patrick Alletag

156 So. 3d 1110

District Court of Appeal of Florida | Filed: Feb 8, 2015 | Docket: 2632687

Published

discovered evidence of the paternity of the child, § 742.18(1). See Travis, 971 So.2d at 162 (“Absent

Hickman v. Milsap

106 So. 3d 513, 2013 WL 461565, 2013 Fla. App. LEXIS 1935

District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60228248

Published

biologi*514cal father. As a result, pursuant to section 742.18, Florida Statutes (2011), Mr. Hickman filed

J.C.J. v. Florida Department on Revenue Ex Rel. O.S.B.

80 So. 3d 1106, 2012 WL 592888, 2012 Fla. App. LEXIS 2795

District Court of Appeal of Florida | Filed: Feb 24, 2012 | Docket: 2414918

Published

it did not comply with the requirements of section 742.18(1)(b), Florida Statutes (2009). That statute

Department of Revenue v. GAT, JR.

76 So. 3d 1083, 2011 Fla. App. LEXIS 20677, 2011 WL 6785250

District Court of Appeal of Florida | Filed: Dec 28, 2011 | Docket: 1344721

Published

reverse and remand for further proceedings. Section 742.18, Florida Statutes (2008), provides for the

In Re Amendments to the Florida Family Law Rules

55 So. 3d 381, 35 Fla. L. Weekly Supp. 524, 2010 Fla. LEXIS 1632, 2010 WL 3781979

Supreme Court of Florida | Filed: Sep 30, 2010 | Docket: 1931936

Published

Workgroup. Disestablishment of Paternity Forms Section 742.18, Florida Statutes (2009), permits a man who

Aulet v. Castro

44 So. 3d 140, 2010 Fla. App. LEXIS 10862, 2010 WL 2925386

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 60295566

Published

and terminate child support filed pursuant to section 742.18, Florida Statutes (2007). The trial court dismissed

Department of Revenue ex rel. Donaldson v. Blocker

988 So. 2d 1292, 2008 Fla. App. LEXIS 13591, 2008 WL 4092822

District Court of Appeal of Florida | Filed: Sep 5, 2008 | Docket: 64855593

Published

entitled to challenge his paternity through section 742.18, Florida Statutes, which allows a male to petition

State, Department of Revenue ex rel. Barnes v. Swatts

988 So. 2d 1284, 2008 Fla. App. LEXIS 12896, 2008 WL 3978695

District Court of Appeal of Florida | Filed: Aug 29, 2008 | Docket: 64855588

Published

Florida Statutes, when read in pari materia with section 742.18, Florida Statutes. I would quash the lower

Department of Revenue ex rel. T.E.P. v. Price

958 So. 2d 1045, 2007 Fla. App. LEXIS 9142, 2007 WL 1688133

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 64851106

Published

court and follow the requirements enunciated in section 742.18(1). The court may not set aside paternity if

Williams-Raymond v. Jones

954 So. 2d 721, 2007 Fla. App. LEXIS 6116, 2007 WL 1201883

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 64850309

Published

2006, the legislature created Florida Statutes section 742.18, which permits a "male” to file a petition

State, Department of Revenue ex rel. Brinson v. Brinson

953 So. 2d 38, 2007 Fla. App. LEXIS 4597, 2007 WL 911167

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 64849975

Published

similar issue called the “paternity fraud law.” See § 742.18, Fla. Stat. (2006). This new law gives men the