State Dept Of Revenue Ex Rel Chambers v. Travi

971 So.2d 157 (2007)

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Nature of the Case

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Facts

On January 20, 2003, Chambers (M) and Travis (F) executed a 'paternity affidavit by natural parents' acknowledging F as the biological father of a child born two days earlier. This duly notarized affidavit established a 'rebuttable presumption . . . of paternity.' Such a signed voluntary acknowledgment of paternity, because it was not rescinded within the 60-day period following the date the acknowledgment was signed, 'shall constitute an establishment of paternity and may be challenged in court only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.' On October 17, 2005, P filed a petition for support and other relief seeking to establish that F had a child support obligation. F requested DNA testing prior to the establishment of any support obligation. Over P'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 DNA testing at F's expense. P appealed.