New Florida Supreme Court Case on Paternity Affecting Orlando, Florida Paternity Cases
- July 9, 2018
- ontarget
- Adoption, Family Law, Paternity
- 0 Comments
What is new in the realm of Paternity? On June 28, 2018, the Florida Supreme Court issued the opinion of Simmons v Perkins, No. SC 17-1963, 43 Florida Law Weekly S273 (June 28, 2018). The court ruled: that when a child is born to an intact marriage, the biological father is entitled to rebut the common law presumption that the mother’s husband is the legal father of a child born to an intact marriage, where the mother and her husband object to allowing such rebuttal. The biological father has standing to rebut presumption when he has manifested a substantial and continuing concern for the welfare of the child. The presumption is overcome when there is clear and compelling reason based primarily on child’s best interest.
What facts should you look for to prove your case?
- Did Mother and biological father have an ongoing relationship?
- Did Mother ever tell the biological father that she was married?
- Was the legal father held out to be the husband of the Mother?
- If the biological father finds out the Mother is married, what does she tell him regarding the marriage when he confronts her? Such as, the Mother is only married for immigration purposes and intends to get a divorce.
- When the child was born, did the biological father know there was an intact marriage?
- Was the biological father at the hospital for child’s birth?
- Which father’s name is on the child’s birth certificate?
- Did Mother and biological father have a relationship, or live together after the child’s birth?
- Does the child have the last name of the biological father or the legal father?
- Did the child ever live with the biological father?
- Has the biological father voluntarily paid child support to the Mother?
- Who does the child know as daddy?
- Has the biological dad enrolled the child in daycare, or doctor’s appointments?
Why is this case important? It is important because a biological father may seek to establish his paternity under certain circumstances as stated above, even when both the mother and her husband, the legal father object.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney-client privilege.