In a recent paternity case captioned L.G. v. Department of Children and Families, the legal father of a child appealed an order denying his Petition to Disestablish Paternity of a child. The legal father was not married to the child’s mother. However, the legal father acknowledged his paternity on the child’s birth…
In paternity unwed/unmarried parents cases, gifts from the paying party’s family members and gifts from the paying party’s boyfriends and girlfriend may be included in calculating the paying party’s income. In a recently decided case captioned Wood v. Wood, the father started working for a company owned by his girlfriend. In…
In a paternity unwed/unmarried parents case, two men both sought to be declared the father of a child. In J.A.I. v. B.R., the Florida Court of Appeal stated if a person signs a notarized voluntary acknowledgment of paternity, this acknowledgment creates a presumption of paternity that is rebuttable. When 60…
In a recent paternity case captioned Perez v. Fay, the Florida Court of Appeal stated that a parent has a constitutionally protected right to a meaningful relationship with his child. Time-sharing privileges should not be denied to either parent as long as the parent conducts himself, while in the presence…
In a paternity action, a father cannot require tnity-test.jpghe child to take a paternity test unless the father contests the fact that he is the father in his pleadings or in his testimony. In D.O.R. ex rel Corbitt v. Alletag, the father signed an affidavit of paternity. When the Department…
In a Florida paternity proceeding involving Father’s rights, in order for the court to require a Father to pay life insurance to secure a child support obligation, the trial court must make certain written findings. Fla. Stat. 61.13(1)(c) states that: “To the extent necessary to protect an award of child support,…
In a paternity case and in a marital case, a temporary domestic violence injunction may be extended during a continuance of a hearing, however, the statute does not provide for the issuance of a series of temporary injunctions. In Prior v. Prior, the Florida Court of Appeal recently stated: “Amanda…
In a paternity case and in a child support matter, a contempt of court order must contain findings that: (i) a prior order was entered, (ii) the payor failed to pay part or all of the support ordered, (iii) the contemnor had the present ability to pay support, and (iv)…
In a paternity proceeding, a child born during an intact marriage is presumed to be the child of the man to whom the biological mother was married. In CG v. J.R. & J.R., the Florida Court of Appeal recently stated: “… [T]his is…a case wherein the biological mother- while married…
Contested paternity proceedings may not be heard by hearing officers because they have no constitutional or statutory authorization to make recommendations regarding custody and visitation. In Department of Revenue o/b/o Moore v. Williams, the Florida Court of Appeal recently stated: “The Department of Revenue appeals a Final Judgment of Support…