STANDING TO CHALLENGE PATERNITY-section 742.18, Fla. Stat. (2017) does not preclude an individual from challenging a paternity determination pursuant to section 742.10(4).

In Interest of Y.R-P., — So.3d —- (2017) In a pending dependency proceeding with competing paternity claims, O.R., the biological father, filed a motion to disestablish paternity for J.R.-P., the purported father who was named as father on birth certificate. The trial court conducted an evidentiary hearing on O.R.’s motion where both DCF and the […]

DISESTABLISHINIG PATERNITY, PRIVETTE AND CHAPTER 742.18-Privette best interest inquiry applies only in contested cases where a child faces the threat of being declared illegitimate, and the legal father faces the threat of losing parental rights which he seeks to maintain. Section 742.18 of the Florida Statutes provides a mechanism by which a man may disestablish his paternity without the requirement that another putative father is willing to establish paternity.

L.G. v. Department of Children and Families, 227 So.3d 653 (2017) L.G. was never married to the mother, but he acknowledged paternity on the child’s birth certificate. During the dependency proceedings, L.G. petitioned to disestablish paternity based on newly discovered evidence-namely, a recent DNA test showing that he was not the biological father of the […]

Paternity: Biological Father of Child Born to Intact Marriage Has Extremely Limited Rights and a “Casual Interest in Fatherhood” Found Insufficient To Trigger Constitutional Protection

M.L. v. Department of Children and Families, 2017WL1718807 (Fla. 4th DCA) The putative father filed a motion to intervene in a TPR proceeding where child was born into an existing marriage. Although the putative father was named on the child’s birth certificate and he was present at the shelter hearing, he waited 18 months to […]

J.A.I. v. B.R., 2015 WL 404001 (Fla. 2d DCA)

J.A.I. and J.K.C. filed a petition for writ of certiorari seeking review of a trial court order requiring them and J.A.I.’s daughter to submit to genetic testing for the purpose of determining paternity. The Second District Court of Appeal (Second DCA) granted the writ finding that B.R. was precluded from challenging paternity. J.A.I. and J.K.C. […]