It sounds as if you are willing to such actions which are needed to manufacture the facts necessary to control the outcome which is certainly inappropriate in a case like this. That said this situation is generally controlled by the presumption of legitimacy which is that a child born of an intact marriage is a child of that marriage. If you were separated, a dissolution action was pending and that bio father had filed a paternity case seeking to intervene in your divorce case then under the authority of Privette vs. HRS, a Florida Supreme Court case and several cases decided later under its authority you would have a chance of getting into Court at least and having an opportunity to argue the matter. At that point it will be a best interests determination.
Robert M Chambers Winter Haven Family Law Attorney
Posted over 13 years ago.
It sounds as if you are willing to such actions which are needed to manufacture the facts necessary to control the outcome which is certainly inappropriate in a case like this. That said this situation is generally controlled by the presumption of legitimacy which is that a child born of an intact marriage is a child of that marriage. If you were separated, a dissolution action was pending and that bio father had filed a paternity case seeking to intervene in your divorce case then under the authority of Privette vs. HRS, a Florida Supreme Court case and several cases decided later under its authority you would have a chance of getting into Court at least and having an opportunity to argue the matter. At that point it will be a best interests determination.