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Biological Father Has Standing To Rebut Presumption That The Mother’s Husband Is The Legal Father

On June 28th, the Florida Supreme Court ruled that a biological father has standing to rebut the common law presumption that the mother’s husband is the legal father of a child born to an intact marriage. The Court ruled that the biological father must show that he has “manifested a substantial and continuing concern” for the welfare of the child and that there is a “clear and compelling reason based primarily on the child’s best interests” to overcome the presumption that the mother’s husband is the child’s father.   A link to the full opinion is below.

http://www.floridasupremecourt.org/decisions/2018/sc17-1963.pdf

 

 

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