When Courts Must Consider The Child’s Best Interests Before Ordering Paternity Testing

Paternity disputes become complicated when the child already has a father figure in their life, and another man comes forward asserting that they are the biological father of the child. The Florida courts need to carefully weigh the interests of the biological father, the legal father, and most importantly, the child. In this article, the Tampa paternity lawyers at Faulkner Law Group, PLLC, will discuss a real case involving contested paternity and how the Florida courts address the matter. 

Background of the case 

In this case, the dispute arose as a result of the birth of a child to the mother. At the time of the birth, the mother was in a relationship with another man who was the father of the child and presented himself as the father of the child. He was present during the birth of the child and was actively involved as the parent.

However, another man came forward, asserting that he was the biological father of the child. He filed an action for paternity and sought to establish parental rights. He also requested the court allow the genetic testing of the mother and child to determine whether or not he was the biological father. The mother was against genetic testing. She argued that the child already had a father figure in their life who had established a parental role toward the child. The court, however, granted the potential father’s request for a paternity test. 

The appeal 

The mother contested the decision of the lower court by filing a petition for a writ of certiorari with the Florida Third District Court of Appeal. She argued that the lower court had not followed the essential requirements of the law by ordering genetic testing without first determining whether it would be in the best interests of the child. The appellate court agreed with the mother’s argument. It held that the lower court had acted prematurely in ordering genetic testing. Under the law, the putative father does not have the automatic right to genetic testing when the child already has a legal father or has developed a paternal relationship.

In these cases, the court must first evaluate whether the paternity action and the attendant genetic testing would be in the best interests of the child. The appellate court cited the fact that the father-child relationship is a significant one that should not be disrupted without considering the emotional impact on the father. The appellate court granted the writ of certiorari and quashed the lower court’s order requiring the mother and father to undergo genetic testing. 

Talk to a Tampa, FL, Child Custody Lawyer Today 

Faulkner Law Group, PLLC, represents the interests of Tampa residents who wish to establish their paternity. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

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