Reportedly, citing section 742.12(4), which states that in a proceeding to establish paternity, if the test results show that the alleged father cannot be the biological father, the case shall be dismissed with prejudice, the mother moved to dismiss the father’s paternity action, leading the trial court to dismiss the petition. The father appealed the dismissal of his petition to establish paternity, arguing the trial court’s application of section 742.12(4) of the Florida Statutes was improper. . If you want to take action to establish or protect your parental rights, it is advisable to conta ..read more

It is alleged that the purported father, believing he was the father, signed the child’s birth certificate. However, paternity testing later revealed that the husband was the biological father. Subsequently, the wife sought to establish the husband’s paternity. The trial court determined that establishing paternity in favor of the purported father was in the child’s best interest due to competing presumptions of paternity and adjudicated him to be the father. The husband appealed. . If you have questions about establishing paternity, it is advisable to meet with a Miami paternity attorney to d ..read more

Allegedly, the court considered this schedule despite objections from the mother and her counsel, who requested time to discuss the alternative and present witnesses. Nevertheless, the trial court ordered the two-week rotating schedule based on its determination of the child’s best interests. The mother appealed. . If you have questions about what steps you can take to safeguard your relationship with your child, it is wise to contact a Miami child custody attorney as soon as possible ..read more

On appeal, the court reversed the child support ruling, noting that the trial court did not cite sufficient reasons for deviation. While the child support guidelines are clearly rebuttable, if a court deviates more than five percent from them, it must set forth either in writing or on the record why an award that aligned with the guideline amount would be inappropriate or unjust. issued in a child support matter, the court discussed what constitutes appropriate grounds for a deviation. If you have questions about what steps you can take to protect your interests in a child support case, it is ..read more

The mother, as part of her appeals case, asked the court to grant her an award of her appellate attorneys’ fees under of the Florida Statutes. The mother acknowledged that a previous Fifth DCA ruling from 1999, , specifically stated that parties can’t recover appellate attorneys’ fees in paternity cases, but she argued that the 1999 case was wrongly decided and that the court should award her fees in spite of that ruling ..read more

That case happened in Italy, not in Florida. However, recent rulings from Florida courts also raise the possibility of problems for gay and lesbian couples with children. Back in 2018, the issued a ruling that, while not involving gay or lesbian parents, could have a profound impact on LGBT families ..read more

The child of L.H. was at the center of such a What’s in a name? That which we call a rose . L.H.’s child’s last name on the birth certificate was H., the same as the mother’s. Sometime later, the mother and M.B. appeared in court on a paternity action. Both M.B. and L.H. stipulated that M.B. was the father and that M.B. should be added to the child’s birth certificate to reflect his paternity ..read more

Allegedly, the mother moved to dismiss his petition, arguing that he was merely a sperm donor. During the hearing on the motion to dismiss, the trial court sought evidence from both parties without notice, after which it found the parties were a commissioning couple and granted the father parental rights. The mother appealed, arguing that the trial court violated her due process rights by holding an evidentiary hearing without notice. a former couple called on a court to determine whether a man had paternity rights over a child born via IVF. If you need assistance with a paternity matter, it i ..read more

The two issues the appellate court addressed on appeal were whether the trial court erred in neglecting to include a parenting plan in the record and failing to attach the child support guidelines worksheet to the final order. The court noted that the father conceded that these documents were forgotten due to a scrivener’s error. The appellate court explained that, pursuant to Florida law, it must reverse an order granted child support if the child support guidelines worksheet is not attached to the final judgment. set forth in a paternity case. If you have questions regarding establishing par ..read more

Reportedly, in 2017, the mother stated that she remembered an encounter with another man around the time the child was conceived. A DNA test determined the second man to be the child’s father within 99.99% certainty. The mother then moved to disestablish the father’s paternity pursuant to Florida Statute 742.18 and other provisions. The trial court granted summary judgment in her favor, and the father appealed. . If you have questions regarding paternity and your parental rights, you should contact a trusted Miami paternity lawyer to evaluate your options ..read more