According to TMZ Gabriel Aubry filed a paternity petition on Dec. 30, 2010. He is asking a court to help him determine that he is the father of 2-year-old daughter Nahla with his ex Halle Berry.

Since the two are not married Aubry was worried that he would not be able to spend as much time as he wanted with Nahla now that he and Berry are no longer an item. In order to protect his visitation rights his lawyers advised him to seek a paternity test.

However, sources close to the pair state that they are splitting amicably and do not plan on arranging for child visitation, support, or custody at this time. They supposedly already have an agreement concerning Nahla without bringing a court into the middle of their separation. Although they are certainly not happy about the split the parents are coping well and maintaining a comfortable relationship for the sake of their child.

No matter what type of child custody you are seeking - full, partial or complete denial - it is advised that you hire a Jacksonville family law attorney.  Contact our law office now.

What happens when you have been faithfully paying child support for years only to learn that the child is not yours? This is a difficult situation but, with the help of a Jacksonville family law attorney, there are solutions you can explore. However, depending on the situation, you may be forced to continue paying child support even if it is not your biological child.

When the court system is considering a case like this, it always takes into account the well-being of the child above and beyond the needs of the non-biological parent. In fact, they will claim that the child is the victim, not the parent who finally discovers that the child is not his.

The courts have taken on the term "Parentage by Estoppel" which means that since you accepted the duty to take care of the child monetarily, you must continue your duty until the end of your agreed-upon term. Ultimately courts must answer the question "what is in the best interest of the child?" If they determine that the non-biological parent is the best way to maintain the child's well-being, then that parent could be asked to continue to pay child support.

Do you questions about child support payments?  Contact our firm to get answers.

In Jackson, a private company's $23 million contract with the state of Mississippi is set to expire.  The company was contracted by the state to handle a backlog of almost 30,000 child support cases in court. Now, the contract will expire in 90 days unless additional funding is located and given to the company named YoungWilliams.

YoungWilliams told news sources that its contract would expire on Wednesday, but DHS extended the time frame to close out some of the court cases that officials.

A spokeswoman with the DHS, Julia Bryan, said in an email statement, "If a funding match is made available, and RFO could be posted for additional services."

YoungWilliams was hired to establish court orders for paternity and child support cases.  If a new contract is not established, the cases would be assigned to DHS personnel or attorneys.

While employed by DHS, YoungWilliams handled about 15,000 cases and earned $15 million.

Need help with a child support matter?  Contact our law office to get answers from a Jacksonville family law attorney.

This week, Mecklenburg County announced that it will offer paternity testing for men who are believed to be the fathers of children in the state of North Carolina.

Paternity tests will be offered from 7:00 AM to 7:00 PM from October 5^th till October 7^th.  Men may take paternity tests at the Mecklenburg County Child Support Enforcement Office, which is located in east Charlotte.

A child support supervisor, Christy Stacy, said that the test process takes about 15 minutes and during that time a DNA sample is collected. Men taking tests simply need to bring photo identification with them and the child and mother do not need to be present. However, their DNA samples are needed to complete the test.

According to Stacy, it is a wise idea for potential fathers to take paternity tests when they are having issues with child support or child custody because they are unsure whether or not they are a child's biological father.

If you would like help with establishing paternity, contact us today to speak with a Jacksonville family lawyer.

Recently, a courthouse in Santa Monica revealed that there is a huge difference between being a father and a sperm donor.  This is the message that came from a paternity lawsuit which was recently resolved in California after a sperm donor sought joint child custody of a toddler he helped conceive.

Supposedly, a woman by the name of Karen B., a lesbian, was looking to become a mother and found a sperm donor by the name of Daniel C. who had posted an ad on Craigslist offering his services.

After Daniel donated his sperm, Karen had a baby through artificial insemination and would occasionally allow Daniel to visit with her child.  Karen made all of the decisions regarding her child's schooling, health and upbringing despite the visits with Daniel.

Two years later, Daniel decided to sue Karen because he wanted additional rights and claimed he was the father.  In court, Daniel proved that he signed the child's birth certificate and that Karen had signed a "voluntary declaration of paternity" which stated Daniel was the biological father.  However, Karen contested that she had signed the document while sedated days after giving birth.

The court ruled in Karen's favor and she retained full custody of the toddler.

Need assistance with child custody or paternity proceedings?  Contact us to discuss your case with a Jacksonville family lawyer.

In New York, it is reported that a man is facing charges of paternity fraud and could wind up spending 10 years in jail if he is convicted.

Supposedly, the man was living in Paris and had registered 55 children by at least 42 different women.  Police say the man was involved in a massive social benefits scam that may have cost the state over $1 million in claims made by mothers annually.

Police say the man is of African descent and is 54 years old.  He was arrested in his Paris home during a raid and officers say his address had 50 people registered as living there.  Authorities say he would charge women fees to register their children, which allowed mothers and their children to claim social benefits and also obtain residency permits.  Some of the mothers received as much as $8000 per month.

Dealing with a tough paternity issue?  If so, contact Ellerin Hutchinson today to speak with a Jacksonville family law attorney that can help!

There are several reasons people may wish to establish paternity of children.  First, a man who is allegedly the father of a child may wish to establish paternity or request DNA testing to obtain child custody.  Second, if the alleged father does not want joint or sole custody, he may want visitation and will have to prove paternity to get the court to agree to his request.

Another reason an alleged other may wish to establish paternity is because he wants to revoke his voluntary declaration of parentage.  This usually happens when a man felt pressured to sign the declaration.

Men are not the only people who may wish to establish paternity.  Mothers may seek paternity tests when they want to receive child support payments from alleged fathers and will have to prove biological relationships exist between their children and alleged fathers.

If you have questions about paternity, contact our law office today to set up a consultation with a Jacksonville family law attorney who can help.

This week, it has been revealed that LeBron James wants a court to be dismissed over a lawsuit that was filed by a man who claims to be his biological father.

According to celebrity news site, TMZ, Leicester Bryce Stovell filed a $4 million lawsuit against the NBA player and his mother, Gloria James.  In his lawsuit, Stovell claimed fraud and defamation.

Attorneys for Gloria and her son have asked that a judge dismissed the lawsuit.  They have labeled it as "rank and speculation."  According to legal documents that were obtained by the news site, LeBron's attorneys scoffed at "a man who claims that as a twenty-nine year old lawyer he got a 15-year old girl pregnant during a one-night stand and who never contributed a penny in child support would earn millions in commercial endorsements by crawling out of the wood-work after the child he never gave a thought to became an NBA star."

The new legal documents also state that the results of a DNA test show "0% probability of paternity."

If you need assistance with a paternity matter, contact our law office to meet with a Jacksonville family law attorney.

In an attempt to make it easy for the child support division to increase collections, the Paternity Acknowledgement Form (PAF) was created.  The form is also known as Declaration of paternity and paternity opportunity program.  Once this form is signed by an alleged father, the child support enforcement division can start collecting support payments. 

In some states, there are programs that encourage the voluntary signing of the PAF.  However, in many cases, a nurse is required by the state to ask the father to sign a Paternity Acknowledgement Form.

Generally, it is advised that you visit your local hospital before your child is born and pick up a copy of the PAF.  Usually, you will be provided with an informational pamphlet which you should read through carefully before signing the PAF and designating yourself as the biological father.

If you have questions related to a paternity or family law issue in Florida, contact Ellerin Hutchinson to set up a time to meet with a Jacksonville family law attorney that handles paternity cases.

Florida courts use genetic testing, also referred to as a DNA test to determine paternity. The process is simple:

The mother, child and man believed to be the child's father are scheduled for a genetic test. All three must show up for the appointment with picture ID in hand. During the appointment, a lab worker will take a picture of the person being tested and get a fingerprint. Identification is carefully checked to ensure that the right person is being tested for paternity.

The lab worker will then use a small swab to wipe the inside of the cheek of each person to obtain a cell sample to be used for the test. Each sample is then sealed into individual envelopes that are sent to a genetic testing laboratory. The lab compares the samples from the mother, the child, and the suspected father to determine if a match exists. Genetic tests are 99.9% effective and the result is usually accepted by Florida judges.

If you have questions about establishing paternity or your rights as a parent, do not hesitate to contact Ellerin & Hutchinson to schedule a consultation with a Jacksonville family law attorney.

Recently, one of Tiger Woods' alleged mistresses filed legal documents in Manatee County, Florida.  The mistress, who filed the action under her legal name of Melinda Jannette, is asking that a judge determine the paternity of her 9 year old son, Austin Brinling.  The respondent listed on Jannette's petition was listed as Elderick Woods.

TMZ reports that the documents and petition were created to "establish paternity, parental responsibility, time-sharing, and/or child support of a minor child or children."  The documents also state that the person filing is trying to legally establish who is the father of a child.

At this time, the 9 year old is staying with Melinda's mother and the grandmother asserts that a DNA test was performed in 2002.  The test showed that another man was the boy's father.

However, Melinda asserts that her mother does not have any real DNA results and she plans to have Tiger submit to testing.

Are you hoping to establish the paternity of your child in Jacksonville?  If so, now is the time to contact Ellerin Hutchinson and discuss your case with a Jacksonville family lawyer.

When it comes to establishing paternity, people will have two options:  blood tests or DNA tests.  In the medical community, it is believed that of the two types of testing, DNA tests are the most reliable at proving paternity.

DNA (Deoxyribonucleic Acid) is the genetic material that exists in every cell of a human's body.  Every human has unique DNA, unless the human is a twin.  A person gets half of his/her DNA from his/her mother, and the other half from his/her father. 

When a DNA test is performed on a child, medical professionals will compare the genetic characteristics of the child to the mother.  The characteristics that cannot be found in the mother are then believed to have been inherited by the father.  During DNA testing, if the alleged father's DNA matches the child's other DNA characteristics, there is a biological relationship and paternity is established.

Would you like to learn more about paternity testing?  Contact Ellerin Hutchinson today to discuss your family matter with a Jacksonville family law attorney.

The following are some questions commonly asked about paternity testing:

• Why get a paternity test?

While the main objective of a paternity test is to determine whether or not a man is the biological father of a child, there are usually reasons other than simply knowing one's paternity that prompt people to seek a paternity test. For example, a woman may ask the court to order a paternity test in an effort to secure child support payments. If the DNA test proves the man is the biological father of the child, he will be legally obligated to financially support that child. Likewise, a man who doesn't think he is the father may want to take a paternity test to get out of his duty to pay child support. If the test proves he's not the father, he will not be obligated to support the child. In addition, some men take a paternity test to obtain the evidence needed to gain child custody and/or visitation rights. If a man can prove he is the biological father, he will usually be able to get some kind of custody or visitation rights.

• Does a paternity test have to be ordered by the court?

While people can seek a paternity test without court involvement, if there is a legal issue involved, such as child custody or child support, the court will usually only accept a test that was ordered by the court and conducted at a testing or laboratory center approved by the court.

• Can a paternity test still be conducted if the alleged father is dead or missing?

As long a sample of the man's hair, blood, or body tissue is available, it is still possible to conduct a paternity test even if the man is dead or missing. If these samples are not available, the man's parents or siblings can usually be tested.

• What if the mother doesn't consent or won't participate in the paternity testing?

Some courts require the mother's consent and participation, but for those that don't, it's still possible to conduct a paternity test without the mother's participation. However, without mother it may require a more extensive analysis of the DNA to ensure an accurate result.

• Can a paternity test be conducted before the child is born?

Yes, however the test must be done between the 10^th and 24^th week of the woman's pregnancy and only if the doctor says it won't harm the mother or the fetus. Once it's past the 24^th week of pregnancy, DNA testing must wait until after the baby is born.

If you have any additional questions about establishing paternity or disestablishing paternity through DNA testing, please do not hesitate to contact Ellerin Hutchinson today to speak with an experienced Jacksonville paternity lawyer. We have helped both men and women throughout the Northeast Florida area with their paternity matters, and would be happy to help you in any way we can.

To arrange a consultation to speak with a paternity attorney at our office, contact Ellerin Hutchinson today by calling (904) 638-3134.

People Magazine Daily is reporting that Michael Jackson's oldest son, Omer Bhatti, is trying to convince Michael's three younger children that he is their father.

Omer has recently been staying with Prince, Paris, and Blanket at their Encino, California home, and a source says he has been telling the children to call him Michael. He has also apparently been introducing himself as Michael when meeting new people. The source also claims that Prince in particular has been vulnerable to Omer's claims, and has even started to believe Omer is his real father instead of Michael.

Many people didn't even realize Michael Jackson had an older child, but last July ABC News reported that Joe Jackson, Michael's father, confirmed that Omer is Michael's biological son.

The source says that Omer's actions are becoming disturbing and detrimental to the children.

Whether or not this story is true, it does shed light on an interesting paternity issue. If a man claims to be the father of a child you love and care about, but you are suspicious as to whether or not he is actually the father, a Jacksonville paternity lawyer at Ellerin Hutchinson can help. While this story has all the characteristics of juicy Hollywood gossip, a similar situation can occur in everyday life. For example, say a man comes along and claims he is the father of child and begins demanding custody and visitation rights. Is there anyway to prove whether or not he is the child's biological father? By taking a DNA test, a disputed paternity issue can quickly and accurately be resolved.

For more information about DNA testing, please do not hesitate to contact a Jacksonville paternity attorney at Ellerin Hutchison today!

Jeffrey Toobin, an author and legal analyst for CNN, is the most recent public figure at the center of a paternity dispute.

Toobin recently appeared in a Manhattan family court to address accusations that he is the father of Casey Greenfield's baby.

Greenfield and Toobin worked as associates at Gibson Dunn, one of the biggest law firms in the country, but the married Toobin has never publicly acknowledged or admitted to having an extramarital affair with Greenfield. There are, however, rumors that he privately acknowledged his relationship to Greenfield's child.

Greenfield, daughter of CBS News analyst Jeff Greenfield, has been asking Toobin to pay child support. Toobin refuses to put his name on the child's birth certificate and has not paid a Greenfield a cent, which is why the two found themselves sitting in family court last week.

It is highly likely that Toobin will take a paternity test to determine whether or not he is the child's father. If Toobin turns out to be the father, he will be held accountable for paying child support.

Men and women throughout the Jacksonville area come to Ellerin Hutchinson for help establishing paternity. Taking a DNA test is often the only way a man or woman can learn for certain the identity of child's biological father. If you need help establishing paternity, you can depend on an experienced Jacksonville paternity lawyer at Ellerin Hutchinson to provide you with the dedicated representation you need.

Contact Ellerin Hutchinson today to schedule a consultation with an attorney at the office!

Some insurance companies are now requiring men to prove their paternity before they can obtain coverage for their child under their health insurance policy. The only way to prove one’s paternity is by taking a DNA test, so many men are getting DNA tests in order to obtain the proof they need to enroll their children on their insurance policy.

DNA testing is the most accurate method of confirming the biological father a child, and often the only proof accepted by insurance companies and the court. If you need help establishing paternity, an attorney at Ellerin Hutchinson can help. Matters involving paternity are often complex. Sometimes the DNA testing services used are not recognized by the courts or the insurance company you are dealing with, and therefore you may need a second test. Other times the child’s mother may get in the way by contesting your paternity. At Ellerin Hutchinson, you can rest assured you will receive help and guidance from an experienced Jacksonville paternity lawyer who is truly committed to protecting your interests and helping you achieve what you set out to do.

Particularly in regards to health insurance coverage, we can help whether you are trying to get your child included in your policy, or if a woman is claiming you are the father of her child and wants you to provide coverage. If you don’t think the child is yours, we can help you obtain a paternity test. If the test results indicate you are not the biological father you will not be held responsible for providing insurance coverage.

To learn more about our services, please feel free to contact Ellerin Hutchinson today at (904) 866-4489!

Filing for a name change is one of the most common aspects of a paternity dispute. Once a child’s parentage has officially been determined, it’s not unusual for the parents to want to change the child’s name to reflect that of his biological father, or if it was proven that a man is not the child’s father, to change the name to the mother’s last name.

While applying for a name change may seem pretty cut-and-dry, things can actually get quite complex, especially when one parent decides to refute the change. Whether you want to change your child’s name or you want to protect your child’s name from being changed, a skilled  Jacksonville paternity lawyer at Ellerin Hutchinson can help. Sometimes it is necessary to obtain the results of a paternity test before the courts will grant or reject a name change, so if you are interested in  establishing paternity or disestablishing paternity, an attorney at the office can help you with that.

A paternity attorney at Ellerin Hutchinson can also help if you would like to change your name, either because you have gotten married or divorce or because you simply do not like your given name.

As with any legal procedure or application, things can quickly get delayed or hindered when the appropriate course of action isn’t taken. To ensure you take the proper steps in applying for a name change, please feel free to  contact a Jacksonville paternity lawyer at Ellerin Hutchinson today by calling (904) 866-4489.

A Florida man whose wife tried to have him killed is now involved in a paternity dispute with a woman he was in a relationship with eleven years ago.

Karen Tanne filed a paternity suit claiming Michael Dippolito is the father of her child. Her suit also claims that Dippolito acknowledged that the child was his when the baby was first born, but then disappeared before he and Tanne even had a chance to name their son. And according to Tanne he has never paid child support.

Dippolito denies that he abandoned the child, but did admit to having a sexual relationship with Tanne around the time she got pregnant.

Tanne is now seeking support from Dippolito and has asked him to get a life insurance policy in her name as the sole beneficiary. For the past 11 years Tanne has been raising the child alone, and even though she has a good job working in online real estate marketing, it's still a struggle for her sometimes.

In the suit, Tanne's attorney, Eric Klein, argues that Dippolito has lived a very comfortable and luxurious lifestyle, but has neglected the needs of his child and refused to have a relationship with him. Financial documents disclosed that Dippolito makes around $87,000 a year from his marketing firm.

This is not the first time Tanne has tried to get Dippolito to pay child support. In the late 1990s she filed two paternity suits, but because the courts couldn't find Dippolito at the time nothing came of them. Tanne was finally able to find Dippolito after the story broke of Dippolito's now current wife, Dalia, attempt to have him killed.

This time Tanne's request for a paternity test was successful.  The court ordered Dippolito to take a DNA test, which he did. The results confirmed he is indeed the father of Tanne's child.

If you are involved in a paternity dispute and need help establishing paternity or disestablishing paternity, a Jacksonville paternity lawyer at Ellerin Hutchinson can provide you with knowledgeable and experienced legal counsel. To arrange a consultation with an attorney at the firm, please call (904) 866-4489 or click here to fill out an online case evaluation.

Both men and women involved in paternity disputes can find experienced and dedicated legal counsel at the Law Office of Scott Ellerin. Jacksonville paternity lawyer Scott Ellerin has a thorough knowledge and understanding of Florida's paternity laws, and can help with your legal objective, whether that is to establish paternity or disestablish paternity.

An attorney is usually contacted for one of two reasons:

1. The mother of a child wants a man to take a DNA test to prove he is the father. If the man is determined to be the biological father, the mother is often able to get child support payments to help support the child.

2. By men who think a child is theirs, but need a DNA test to prove it. Often times the mother will not let a man spend time with the child. By proving he is the biological father, a man has grounds for asking the court for custody or visitation rights.

3. By men who want to contest their paternity. Women often claim that a man is the biological father of their child in an effort to secure child support payments. After taking a DNA test, if a man is determined NOT to be the biological father of a child, he will not be responsible for continuing to support the child.

It should be mentioned that even if man is determined not the be the biological father, the court might still require him to pay past-due child support, or even continue making child support payments. The latter is usually applied in cases where a man has acted as a father in the child's life for more than two years and, if he were to walk away and fail to make payments, it would jeopardize the child's best interests.

If any of these situations apply to you, please feel free to  contact the Law Office of Scott Ellerin today at (904) 866-4489.

Have you recently learned you are not the father of a child you thought was yours?  You're not alone.  Countless men throughout Florida and around the country have taken part in raising a child, only to discover later in life that the child is not biologically theirs.  In these types of situations, there are ways in which a man can disestablish paternity .  Once paternity has been dissolved, a man will no longer be required to pay child support and will have no further legal or financial obligations to the child.

If you are interested in disestablishing paternity, it is important to obtain representation from an experienced paternity lawyer.  Any paternity matter will be an extensive process, as the courts want to ensure the child's best interest is protected at all times.  Disestablishing paternity often involves taking a court-ordered DNA test, and the court may want to evaluate when the child was conceived and what your relationship to the mother was at the time.  Although dissolving paternity may seem like an open-and-shut matter, things can get more complicated than you realize.  For example, last week we posted a blog about Christopher Martin, who was trying to disestablish paternity after learning he wasn't the father of a little boy.  Even after a DNA test proved he wasn't the biological father, the court would not dissolve his paternity because he was $30,000 behind on his child support payments. 

The case of Christopher Martin of Sarasota sheds light on a paternity issue that all men should be aware of.

Martin's situation began when he had sex one night with Dannis Barrows, a woman he previously had a romantic relationship with but was no longer involved with.  When Barrows claimed to be pregnant with his child, Martin believed her.

The Florida child support agency then urged him to sign a form acknowledging his paternity of the child, and, because Martin didn't know otherwise, agreed to do so without insisting on a paternity test. Then, at some point, Barrows revealed that Martin was not the father of the baby.

Martin then asked for a paternity test, but the court would not grant him one.  Martin said Barrows intentionally kept the child away from him so that he couldn't get the sample he needed for a private DNA test, and that she even took him to her native Colombia where she left the baby with relatives for about a year while she returned to Florida.

During that time, Martin stopped making child support payments, even though the state kept coming after him for money.

Martin's luck changed when Barrows brought the child back to Florida and not long after was arrested for DUI with the boy in the car.  Martin got the child briefly, during which he swabbed the boy's check and got a private DNA test.

That's when he learned the truth: he was not the boy's father.  Martin brought this fact to the attention of the court, but the court said it could not consider the test results as evidence in his case.  Why? The court said it could not guarantee that the samples were actually taken from Martin and the boy.  

What should people take away from this?  That even if you get your own DNA test, it does not mean the court has to consider the results. Furthermore, if the results indicate that you are not the father, the court can still require you to pay child support.   You must get a DNA test through the court in order for it to consider the results as evidence in your case.

So Martin tried to obtain a court-ordered paternity test but was unsuccessful. That's where luck came in again.  Barrows was arrested on DUI charges again, and again the child was in car.  That's when the courts finally became concerned for the boy's well-being.  The courts tried to give custody to Martin, but he refused, saying the boy was not his son. The courts then ordered him to take a paternity test.

When the results indicated that he was not the father, Martin thought his child support obligations would end there.  Turns out that wasn't the case.  

Under Florida law, in order for a man to dissolve paternity he must be current on all child support payments.  Since Martin is more than $30,000 behind on his payments, the state won't dissolve his paternity.

Martin is now fighting to get his paternity dissolved by applying another statute. The law says that paternity can be dissolved "only on the basis of fraud, duress, or material mistake of fact."

In Martin's case, because Barrows lied to him about the real parentage of her son, both fraud and material mistake of fact could apply.

For now, Martin's case still remains unresolved.  Who knows if he will ever get off the hook, or if the state will continue to hold him financially responsible for the child. 

Captain Cheyne Parham, a U.S. soldier, said the rights he has fought to protect are not being upheld.  For the past year, Parham has been fighting to bring his wife and two daughters to the United States from the Philippines.

Parham's fight began after the American consulate in the Philippines denied his family a U.S. passport.  The reason? The consulate doubted the paternity of Parham's children, even though Parham produced birth certificates, a marriage certificate, insurance forms, and a court ruling saying the children were his.  He even took a DNA test to prove he is the biological father of the children.

"We sampled my wife, one of my daughters, because the other one was sick at the time, and I got sampled as well. The results came in...and 99.98 percent of American Caucasian males are excluded from being the father," explained Parham. "So it's 99.99 percent I'm the father."

Despite the convincing evidence, Parham says the American consulate is requiring that he and his family submit to another DNA test, this one conducted by officials at the consulate.

Parham vows that he will keep fighting until his wife and two daughters are allowed into the country.  Parham says he also feels his struggle will help other members of the military in similar situations.

"I have a responsibility to every other service member who has been through this, and that will be in this situation. Because if I don't fight then the wrong will just happen again." said Parham.

Experienced Jacksonville Military Attorney

Scott Ellerin is a Jacksonville military divorce attorney who has considerable experience representing all members of the United States military in divorce proceedings and child custody cases.  He is not a stranger to paternity issues involving military personnel, has the experience and legal skill to represent any military serviceman or woman involved in a paternity disagreement or child custody dispute.  If you are searching for an experienced military divorce lawyer in the Jacksonville area, please do not hesitate to contact Attorney Scott Ellerin today!