Pursuant to Florida Statutes 742.12 (1), in any proceeding to establish paternity, the court on its own motion may require the child, mother, and alleged fathers to submit to scientific tests that are generally acceptable within the scientific community to show a probability of paternity. The court shall direct that the tests be conducted by a qualified technical laboratory.
Furthermore, Florida Statutes 742.12 (4) states in pertinent part that test results are admissible in evidence and should be weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds 95 percent. A statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s.90.304, that the alleged father is the biological father of the child. If a party fails to rebut the presumption of paternity which arose from the statistical probability of paternity of 95 percent or more, the court may enter a summary judgment of paternity. If the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice.
When dealing with a contested action to determine paternity, it is imperative to have the Court order the scientific (DNA) testing of the parties and minor child. At Segarra & Associates, P.A. our legal team has become quite adept at guiding our clients through the different procedural requirements in paternity actions.
Contact us for a consultation regarding your paternity suit. We are committed to giving your case our full attention and are available now to speak with you. Call us today. (305) 742-5042.