When Biology Collides With The Marital Presumption

Disputes over paternity can be very complicated. This is more so when there is a conflict between the biological father and the legal presumption. In cases where children are born to married parents within the state of Florida, it is presumed that the legal father of the child is the husband. This is to promote stability within families and to act in the best interest of the child. In one case, the Florida courts were required to hear a case concerning a dispute over paternity, where the biological father sought to contest the presumption. 

Background of the case

In the aforementioned case, the child was born when the mother was already married to her husband. Under Florida law, the presumption was that the child was the legitimate child of the mother and her husband. However, another man claimed to be the biological father of the child and sought to have the courts establish his paternity.

The biological father instituted a legal action seeking to have the courts determine the paternity of the child. He claimed it was a significant legal issue because the child was born during a marriage.

The husband, however, objected to the lawsuit. He claimed that the laws of Florida protect the marital presumption in paternity cases. He further claimed that allowing the biological father to initiate a lawsuit would be disruptive to the family. Since the child was born while the mother was already married, and the husband accepted the child as his, the biological father had no right to institute the lawsuit.

However, the trial court allowed the putative father’s case to proceed. Genetic tests showed that the child’s putative father was actually the biological father of the child. The trial court ruled in favor of the biological father and declared him the legal father of the child. The husband appealed the ruling.

The appeal 

This case was allowed to proceed to trial, and the court made a decision in favor of the biological father. This was due to the fact that the results of the genetic test showed that he was the likely father of the child. The courts recognized the biological father as the legal father of the child. The husband lost his right to custody of the child.

The court’s decision was not satisfactory to the husband. He appealed the case to the Second District Court of Appeal in Florida. On appeal, the court was required to determine whether the biological father was legally entitled to challenge the paternity of the child. Under Florida law, the marital presumption is very high.

The court noted that where a child is born during an intact marriage, and the husband asserts his parental rights, the court won’t allow a third party to challenge that presumption. This is because the court is keen to ensure the stability of the family and the well-being of the child.

Therefore, since the marriage was intact and the husband had not waived his parental rights, the court ruled that the biological father did not have any grounds to challenge the paternity of the child. In other words, the trial court made an error by allowing the case to be heard. The Second District Court of Appeal overturned the decision and remanded the case for further proceedings. 

Talk to a Tampa, FL, Child Custody and Paternity Lawyer Today 

Faulkner Law Group, PLLC, represents the interests of Tampa men seeking 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:

casemine.com/judgement/us/59148249add7b04934492ffa