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There is no deadline to disprove parentage because the presumed parent: ▫ did not live with and did not have sex with the birth mother when the children were. The petition is denied.Parent – (full name): is a legal parent of. After a court establishes paternity, either parent can file petitions for custody, visitation, or child support. This article aims to provide a comprehensive overview of the legal procedures for disproving paternity and overcoming presumed paternity. Becoming a parent can be a life changing experience. You have the right to petition the court to have yourself declared the child's father. 90.304, that the alleged father is the biological father of the child. In some cases, a paternity petition may be filed even if the alleged father has died. Time and Child Support.