Establishing the legal paternity of a child is about much more than a biological match—it is about the stability of the child’s world. In a landmark ruling for the year 2025, the Third District Court of Appeal in Rosich-Medina v. Chilaudreaffirmed a vital protection for families: a person seeking a DNA test to challenge an established father must prove that the test is in the “best interest of the child.” For parents navigating these complex waters, a Tampa divorce lawyer is essential to ensure that a child’s established family relationships are not disrupted by a “stranger” seeking a biological link.
This case involved a mother and a “putative legal father” who had established paternity through a voluntary acknowledgment years prior. When a second man appeared years later claiming to be the biological father, the court had to decide if he was entitled to a DNA test simply because he made the claim. The appellate court’s decision to stop the testing protects the sanctity of the father-child bond, regardless of whether the parents were ever married.
The Facts of Rosich-Medina v. Chilaud
The child at the center of this 2025 dispute was born in 2018. At the time of birth, the mother and her partner (the putative legal father) executed a Voluntary Acknowledgment of Paternity. He was present at the birth, named on the birth certificate, and had raised the child for over four years.
In 2023, a third man (the putative biological father) filed a petition to establish paternity. He claimed he had a sexual relationship with the mother that resulted in the pregnancy. He moved for a court-ordered genetic test, arguing that under Florida Statute § 742.12, he was entitled to the test simply because he alleged he was the father.
The trial court initially granted the test. The judge reasoned that the “best interest of the child” standard (known as the Privette standard) only applied to children born into “intact marriages.” Because the mother and the legal father were never married, the trial judge thought the biological link was all that mattered. The mother and legal father appealed, seeking a writ of certiorari to quash the testing order.
The Privette Standard: Not Just for Married Couples
The appellate court reversed the trial judge, clarifying a critical point of Florida law. The Privette standard—which requires “clear and convincing evidence” that a paternity test is in the child’s best interest—applies to any child who already has a legal father.
As your Tampa divorce lawyer will explain, legal paternity can be established in several ways:
- Marriage (the husband is the presumed father).
- A court order of paternity.
- A Voluntary Acknowledgment of Paternity signed by both unwed parents.
The court in Rosich-Medina ruled that a voluntary acknowledgment creates a legal father-child relationship that is just as significant as one created by marriage. To “wrench a child away” from the only father they have ever known requires a much higher burden than a simple DNA request.
The Harm of Unnecessary Paternity Testing
The appellate court’s ruling is rooted in the “policy of protecting the welfare of the child.” Ordering a paternity test is not a routine discovery request like asking for bank statements. It is a “material injury” that can cause irreparable harm to the child’s emotional stability.
A Tampa divorce lawyer protects the child’s interests by arguing that a DNA test can:
- Introduce Uncertainty: Telling a five-year-old that their “daddy” might not be their father can cause severe psychological distress.
- Disrupt Financial Support: If a legal father’s paternity is disestablished, the child may lose their primary source of financial and medical support.
- Invite “Strangers” into the Family: The court noted it is seldom in a child’s best interest to be forced to regard a biological stranger as their father after years of bonding with a legal father.
Challenging a Voluntary Acknowledgment
Under Florida Statute § 742.10(4), a signed voluntary acknowledgment of paternity is a legal determination of paternity. After 60 days, it can only be challenged in court on the basis of:
- Fraud
- Duress
- Material Mistake of Fact
In the Rosich-Medina case, the putative biological father failed to allege any of these grounds. He simply wanted a test to see if he was the father. A Tampa divorce lawyer would have pointed out—as the appellate court did—that you cannot use the general paternity statute to “re-do” an establishment of paternity that has already been finalized by law.
The Role of a Tampa Divorce Lawyer in Paternity Suits
Whether you are a legal father defending your bond with your child or a mother trying to maintain family stability, a Tampa divorce lawyer is your first line of defense against unwanted genetic testing.
How we protect your family:
- Proving the Existence of a Legal Father: We provide the birth certificate and the voluntary acknowledgment to show the court that paternity is not “in controversy.”
- Demanding a Best Interests Hearing: If a test is requested, we insist the court hold an evidentiary hearing to determine if the test will harm the child.
- Appointing a Guardian ad Litem: We often ask the court to appoint an independent representative for the child to ensure their emotional needs are prioritized over the biological father’s curiosity.
- Filing for Certiorari: If a trial judge incorrectly orders a test, we file an immediate petition with the appellate court to stop the testing before the DNA samples are even taken.
Why “Biological Link” is Not Enough
A recurring theme in Florida paternity law is that a “mere biological link” does not outweigh the “sanctity of legally established family relationships.” The court in Rosich-Medina quoted earlier cases noting that if biological parentage was all that mattered, a man who committed a sexual battery could theoretically sue for paternity.
By requiring the Privette best-interest test, the court ensures that the law serves the child, not just the adults’ desires. For unwed parents in Tampa, this means that signing a voluntary acknowledgment at the hospital provides a powerful legal shield that lasts until the child reaches adulthood.
Lessons for Parents in 2025
The Rosich-Medina v. Chilaud decision is a victory for the “modern family.” It confirms that:
- Unwed fathers who step up and legally acknowledge their children have the same protections as married fathers.
- Paternity testing is a last resort, not a first step, when a legal father already exists.
- The “best interest of the child” is the “guiding principle” that informs every action in Florida family courts.
Frequently Asked Questions
What is a Voluntary Acknowledgment of Paternity? It is a legal form signed by both unwed parents, usually at the hospital, where the man declares himself the natural father. Once signed and notarized, it has the same legal effect as a court order.
Can another man request a DNA test if I already signed the birth certificate? Signing the birth certificate is often done in conjunction with the voluntary acknowledgment. If you have legally established paternity, a third party cannot get a DNA test unless they prove it is in the child’s best interest through “clear and convincing evidence.”
What happens if a DNA test shows the legal father is not the biological father? Under the Privette standard, the court may still refuse to change the legal father if it would be “cruel” or harmful to the child. The legal father remains the father with all rights and responsibilities.
How long do I have to challenge a voluntary acknowledgment? You have 60 days to “rescind” (cancel) it for any reason. After 60 days, you must prove fraud, duress, or a material mistake of fact in a formal court proceeding.
Why did the mother win the appeal in Rosich-Medina v. Chilaud? The mother and legal father won because the trial court failed to determine if a DNA test was in the child’s best interest. The court incorrectly thought that because the parents weren’t married, the child didn’t deserve the protection of the Privette standard.
What is a “putative” father? “Putative” is a legal term meaning “alleged” or “supposed.” A putative legal father is the man recognized by law, while a putative biological father is the man claiming a genetic link.
Can I get a court-ordered paternity test if the mother refuses? If no legal father has been established, you can file a Petition to Determine Paternity. If you provide a sworn statement about your sexual relationship with the mother, the court will likely order the test.
Does Florida allow “dual fathership”? No. Florida law allows for only one legal father at a time. To establish a new man as the father, the current legal father’s paternity must first be “disestablished.”
Conclusion
Your role as a father is defined by your presence, your support, and your legal commitment—not just your DNA. The ruling in Rosich-Medina v. Chilaud ensures that families built on voluntary acknowledgment are protected from unnecessary disruption. If you are facing a paternity challenge or need to secure your rights as a father, a Tampa divorce lawyer will help you navigate these sensitive legal requirements to keep your child’s best interests at the center of the case.
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Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.