Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

Sunday, January 1, 2006

Florida Appeals Court Rules Husband Waited Too Long to Challenge Paternity

In Parker v. Parker, (see December 2, 2005 Case Law Development posting) the Florida District Court of Appeal, Fourth District, held that a man can, against his will, be deemed a father and obliged to support a child born to his wife during their marriage, despite the fact that the two have no biological or adoptive relationship.  The father, who was ordered to pay $1,200 per month in child support for a child born during his marriage who was three and a half years old when he divorced the child’s mother, failed to bring a paternity action until after the child’s fifth birthday. Although genetic testing conclusively established the father did not have a biological link to the child, the Appeals’ court was unwilling to upset the martial presumption of legitimacy.

A detailed commentary regarding this case can be found in an article written by Hoffstra Law School Professor Joanna Grossman, which appeared this past Tuesday on the Internet site.  Source:  Professor Joanna Grossman, FindLaw’s Legal Commentary,  For the complete commentary, please click here (last visited January 1, 2006, reo).  The decision by the District Court of Appeal of the State of Florida, Fourth District, can be found here (last visited January 1, 2006, reo).

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