Florida Court Addresses Contested Paternity Case

Contested paternity cases are often complicated when there is a child who already has a legal father. Florida courts must weigh the biological reality against the legal and emotional stability that already exists in the parent-child relationship. In this article, the Orlando divorce lawyers at Greater Orlando Family Law will discuss a real case in which paternity was a key issue. 

Background of the case 

In this case, the child was born with a man named as her father on the birth certificate. This individual was the “legal father” of the child, and he had already established a parental relationship with the child. In this case, the mother and legal father were against disrupting the child’s life by introducing a new father into the fold.

Eventually, however, a third party later filed the case, stating that he was the biological father of the child. He wanted to establish paternity, as well as other parental rights such as timesharing and decision-making. As part of the petition, he also requested the trial court order genetic testing to determine the child’s biological paternity.

The mother and the legal father of the child, however, were against the request for genetic testing, arguing that the law does not allow the ordering of genetic testing automatically, especially when the child already has a legal father. Furthermore, they argued that the trial court was required to resolve the issue prior to ordering genetic testing.

Despite the objections, the trial court required both men to get genetic tests to determine the child’s paternity. 

The appeal 

On appeal, the Third District Court of Appeal considered the question of whether the trial court complied with the appropriate legal framework. In considering the case, the appellate court noted the significance of the legal father status, especially in the State of Florida.

The legal framework, according to the appellate court, requires that when there already is a legal father, the trial court must do more than simply respond to the question of biological paternity. Instead, the trial court must consider whether the legal father status is subject to challenge pursuant to the state’s paternity statutes. This requires that the trial court consider whether the statutory requirements are met and whether ordering the testing is appropriate, especially when considering the best interests of the child.

The appellate court found that the trial court failed to consider the legal father status and the appropriate statutory requirements before ordering genetic testing. It therefore reversed the trial court’s decision and remanded it for further proceedings. 

Talk to an Orlando, FL, Paternity Lawyer Today 

Greater Orlando Family Law represents the interests of Orlando residents who want to establish paternity. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

flcourts-media.flcourts.gov/content/download/2481685/opinion/Opinion_2025-1239.pdf