A Landmark Florida Case on Contested Paternity Rights

Disputes over paternity can involve a myriad of legal issues, especially when a biological father seeks to establish his parental rights despite opposition from the child’s mother. Over the years, Florida has recognized the need to establish a child’s parentage, not only for emotional and family reasons but also for legal purposes, including child support. However, in the case we’re about to review, the court established the rights of the putative father to seek a legal action to establish paternity.

Background of the case 

The aforementioned case began when a man claimed that he was the biological father of a child that was born out of wedlock. However, the mother of the child disputed this claim and refused to allow him to legally establish paternity. At this time, the paternity statute was used primarily by mothers to obtain child support payments.

The alleged father filed a lawsuit to determine in court of law that he was the biological father of the child. He filed a dual lawsuit under both paternity statutes and the declaratory judgment statutes in the State of Florida, which allows a court to determine legal uncertainties.

However, the case was dismissed by the trial court before it could proceed. The trial court held that under the laws of Florida, a putative father could not independently institute an action to determine the paternity of a child born out of wedlock. In other words, only specific parties, such as the mother or the state, could institute such an action.

This, in turn, barred the alleged father from attempting to prove that he was, in fact, the father of the child.

The appeal

The alleged father appealed the dismissal of his claim by the trial court to the Florida Supreme Court. The main question was whether a putative father has standing in Florida courts to file a claim establishing paternity.

After reviewing the case, the Florida Supreme Court scrutinized the language and intent of Florida’s paternity statute, as well as broader legal principles regarding the rights and responsibilities of parents. The Florida Supreme Court recognized that establishing paternity is a critical way of identifying a child’s parents.

Most significantly, the Florida Supreme Court disagreed with the interpretation of the trial court and ruled that nothing in Florida law explicitly prohibited a putative father from seeking to establish paternity. The Florida Supreme Court also noted that denying a putative father the right to establish paternity would be inconsistent with Florida’s interest in establishing parenthood.

Talk to a Largo, FL, Paternity Lawyer Today 

Cairns Law, P.A., represents the interests of Largo residents seeking to establish paternity. Call our Largo family lawyer today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/supreme-court/1980/56759-0.html