When Biology Isn’t Enough: Contested Paternity in Florida Case Law

In family law cases in Florida, the determination of paternity is not always based on a simple DNA test. In these cases, the law must be concerned foremost with the stability of the child. In this article, we’re going to discuss a contested paternity case in Florida that exemplifies how family court judges reach decisions in paternity cases.

Background of the case

The dispute in this case began when the child’s putative father sought to prove his paternity through genetic testing. However, at that particular time, the child had an established relationship with another father figure, who was playing the role of his father.

The putative father of the child petitioned for an order requiring DNA tests. However, the mother was not comfortable with the idea of introducing another paternal figure into the life of the child and potentially interfering with an existing father-child relationship. In spite of these concerns, the trial court granted the putative father’s request for a DNA test. This marked the beginning of an appellate review of whether or not the court interpreted Florida law regarding paternity tests properly.

The appeal

The case was reviewed by the Florida District Court of Appeal, which centered its review on whether the trial court had sufficiently considered the best interests of the child before ordering the DNA testing. While the results of such tests can be definitive with regard to parentage, the appellate court pointed out that such tests are not always necessary in cases involving paternity.

Indeed, the court pointed out that the law calls for a nuanced consideration of the issue, especially when the child already has a familial relationship with a father figure.

In this case, the appellate court found that the trial court had not sufficiently considered the best interests of the child with regard to the DNA testing and had not sufficiently analyzed the impact of the testing and its possible results on the child before ordering the same. As such, the appellate court quashed the order requiring genetic testing and remanded the case back to the trial court.

Key takeaways from the case

The aforementioned case offers a number of valuable lessons to parents in managing disputed paternity cases in Florida:

• Best interests of the child come first – The court’s main concern must always be the welfare of the child.

• DNA testing is not automatic – The courts can refuse to order a DNA test even when the man claims to be the biological father if it could harm the established parental relationship.

• Established relationships matter – The relationship that a child has with a legal or presumed father is a significant consideration in disputed paternity cases.

Contact a St. Petersburg, FL, Family Lawyer Today

The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents who are looking to establish the paternity of a child or mothers who want to block the court from ordering a test. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/117994290.html