STATE DEPT OF REVENUE EX REL CHAMBERS V. TRAVIS
971 So.2d 157 (2007)
NATURE OF THE CASE: Department (P) seeks review a nonfinal circuit court order denying
its motion to vacate an order requiring paternity testing.
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rescinded within the 60-day period following the date the acknowledgment was signed, 'shall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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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