Friday, December 2, 2005
Case Law Development: Fraud as to Paternity of Child must be Raised within One Year of Divorce Decree
The Florida Court of Appeals provides a scholarly decision holding that Mother's failure to disclose in a divorce proceeding that the child born to the marriage was not the biological child of Father was intrinsic fraud which Father must raise within one year of the judgment or otherwise be barred by res judicata. The court reviewed the caselaw of other jurisdictions, collecting some of the most memorable quotes on the subject, and provided a careful analysis of the public policy choices, citing Professor Theresa Glennon's article, Expendable Children: Defining Belonging in a Broken World, 8 Duke J. Gender L. & Policy 269, 275(2001)).
Parker v. Parker, 2005 Fla. App. LEXIS 18804 (November 30, 2005)
Opinion on the web at http://www.4dca.org/opfrm.html (last visited December 1, 2005 bgf)