Contested Paternity In Florida Family Law Cases
In Florida, the determination of disputed paternity does not always rely on DNA testing. In cases where the child was born during a marriage, the law presumes that the husband is the legal father of the child. In one case, the courts were faced with the question of disputed paternity, despite the existence of a stable family unit.
Background of the case
In this case, the child was born to a married couple, and therefore, the husband was the legal father of the child. However, the State, on behalf of the mother of the child, brought a paternity suit against the man who was believed to be the biological father of the child for the purpose of obtaining support for the child.
The man believed to be the biological father of the child sought to conduct a blood test to determine if he was, in fact, the father of the child. However, the legal father of the child objected, saying that the test results could disrupt a stable family unit.
This was a direct conflict between the interests of the two parties.
The appeal
The question before the Supreme Court of Florida was whether or not the trial court could order genetic tests in a contested paternity case where the child was born in a marriage.
The Supreme Court found that while science could prove who the biological father was, in paternity disputes, more is at stake than just biology. The well-being and emotional stability of the child and the family unit are also at stake in paternity disputes.
The Supreme Court found that trial courts are required to conduct a preliminary evidentiary hearing to decide whether a paternity test is in the best interests of the child.
Key takeaways
The Florida courts will always put the best interests of the child first. In that respect, the court must decide whether the paternity test will help the child or hurt them.
- DNA tests are not always granted – Even if biological paternity is in question, the court can refuse to grant a DNA test if it will disrupt family stability.
- Presumption of legitimacy – When a child is born to a married couple, there is a presumption that the child belongs to the husband, and this presumption is difficult to overcome.
- Paternity disputes depend on the facts – The court will weigh biological, legal, and emotional factors in every case.
Talk to a Tampa, FL, Paternity Lawyer Today
Faulkner Law Group, PLLC, represents the interests of Tampa fathers in paternity disputes. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
law.justia.com/cases/florida/supreme-court/1993/78837-0.html
