Rosich-Medina, et al., v. Chilaud: A Case of Establishing Paternity in Florida

Establishing paternity in Florida can become legally complex when a child already has a recognized legal father. A recent decision from the Third District Court of Appeal highlights how carefully courts must approach these cases. For parents facing similar disputes, speaking with an experienced Miami Child timesharing & Support Attorney is critical to understanding your rights and protecting your child’s best interests.

Rosich-Media, et. al., v. Chilaud: What Happened?

In the recent case Rosich-Medina, et al., v. Chilaud, decided December 3, 2025, the Third DCA addressed whether a trial court could order genetic testing when a child already had a legally established father.

The child at the center of the case was born in 2018 while the child’s mother and a man were in a relationship. That man signed a voluntary acknowledgment of paternity using the required legal procedures, and his name was placed on the birth certificate. From the child’s birth forward, he acted as the father in every meaningful way, providing financial and emotional support.

Years later, another man filed a petition to establish paternity. He claimed he had been in a relationship with the child’s mother and believed he was the biological father. Although he alleged he had tried to form a relationship with the child, he later moved back to Europe. He requested court ordered DNA testing to determine biological paternity.

The mother and the man who had acknowledged paternity and was the legally established father objected. They relied on a long standing Florida Supreme Court case, Department of Health & Rehabilitative Services v. Privette, which held that when a child already has a legally established father, a court must make an express finding that genetic testing is in the child’s best interest before ordering it. They argued that the trial court could not simply order testing based on a claimed biological connection.

The trial court disagreed and granted the request for DNA testing, reasoning that Privette only applied when a child was born into an intact marriage. The child’s mother and legally established father sought review through a petition for writ of certiorari.

The Outcome of the Case

The Third DCA reversed course. The appellate court explained that certiorari is appropriate when a trial court departs from the essential requirements of law and causes irreparable harm that cannot be fixed on appeal. It rejected the trial court’s narrow reading of Privette. The appellate court clarified that the central concern in Privette is not just marriage, but protecting children and legally established fathers from being destabilized without careful judicial consideration.

Because the trial court failed to make a specific finding that genetic testing would serve the best interests of the child, the order compelling DNA testing was quashed.

The court also discussed another important issue under section 742.011 of the Florida Statutes. That statute permits certain individuals to bring a paternity action only when paternity has not already been established by law. In this case, the child’s legal father had signed a valid acknowledgment of paternity and had acted as the father since birth. Although the decision did not turn solely on this argument, the opinion strongly suggested that a third party may be barred from bringing a paternity action once legal paternity has been properly established.

Getting Legal Help with Your Paternity Dispute in Florida

There is no question that paternity disputes in Miami can have lasting emotional and legal consequences for parents and children alike. If you are involved in a paternity dispute case in Miami, whether you are seeking to establish or protect legal fatherhood, it is important to understand how Florida law applies to your situation. The experienced Miami Child timesharing & Support Attorneys at True North Law, P.A. help Miami parents navigate their complex paternity issues. Contact True North Law, P.A. today and speak with a lawyer now.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/117994290.html