Posted by Nydia Streets of Streets Law in Florida Paternity
If a man who is not biologically related to a child is established as the legal father of the child, can the biological father petition the court to establish himself as the legal father of the child? The answer depends on multiple factors, but biology alone is not enough to establish paternity. This was an issue in the case Rosich-Medina v. Chilaud, 3D25-1239 (Fla. 3d DCA December 3, 2025).
The mother gave birth to the child in a state outside of Florida, At the time she was in a relationship with a man who was present during the birth of the child and who signed a voluntary acknowledgement of paternity naming him as the father of the child on the child’s birth certificate. Eventually, the couple and the child moved to Florida. When the child was about 4 years old, another man filed a paternity action naming the mother and the legal father as respondents, and claiming he was the biological father of the child and had been sending money for support of the child. In his petition, he requested paternity testing.
The mother and the legal father opposed the testing, claiming the alleged biological father had not shown it was in the child’s best interest to undergo testing. Reasoning that prior Florida case law prohibiting testing unless the best interest test is met only applies to children born within wedlock, the trial court ordered testing to proceed. The mother and legal father filed a petition for writ of certiorari with the appellate court.
Rejecting the argument that the best interest test only applies to children born within wedlock, the appellate court granted the writ and quashed the order for testing. It reasoned “Applying this law here, before granting the putative biological father’s motion for paternity testing, the trial court was required to determine whether he had established that the child had no legal father. If the child has a legal father, ‘[p]rior to ordering paternity testing, the trial court must also determine that the testing would be in the child’s best interest.’ [citation omitted]. The proceedings below did not address either of these points.”
As a second point for appeal, the mother and legal father also argued that the alleged biological father had not sought to challenge the legal father’s paternity. The appellate court held “Because we have set forth a ground for quashing the decision under review, we will not address this second issue at length. We note, however, that this issue also turns on whether the child already has a legal father. ‘[Where a child has a legal mother,] Florida does not recognize dual fathership and, therefore only one man may be designated the child’s legal father (with the rights and responsibilities thereof) at any given time.’ C.G. v. J.R., 130 So.3d 776, 781 (Fla. 2d DCA 2014) (citation modified).”
The court concluded “Chapter 742’s general provision for establishing paternity for a child born out of wedlock is not available when the child already has a legal father. § 742.011, Fla. Stat. (2025). [. . .] And Chapter 742’s provision for challenging the paternity of a child with a legal father based on an acknowledgment of paternity requires, after expiration of sixty days, proof of ‘fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.’ § 742.10(4), Fla. Stat. (2025).”
Nothing in this article is legal advice. Schedule a consultation for specific legal advice about your case from a Miami family law attorney.