B.B.S. v. Rodriguez-Murguia, 2016 WL 2744994 (Fla. 4th DCA)

This case involves a child support matter and not a dependency matter but the issue in question could pertain to dependency matters. The appellants (the Children) appealed a trial court order dismissing their cause of action to determine maternity.   The Fourth District Court of Appeal (Fourth DCA) reversed and remanded for further proceedings.

The Children’s mother used a false name on their birth certificates because she was in the county illegally. Although Mother later attempted to correct the Children’s birth certificates, she was denied and informed she needed court orders to change the birth certificate.

The Fourth DCA noted that both the United States Supreme Court and the Florida Supreme Court recognize the fundamental rights of parents. Such fundamental rights are based on a determination of maternity. Because the Children’s request for a determination of maternity was made in conjunction with a child support matter, the dispute was found to be dependent on a determination of maternity.

 

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