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

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.

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

 

 

By Scott Weiss, Esq. | Published July 3, 2018 | Posted in Child Custody, Family Law, Paternity | Tagged biological father, child's best interest, Florida Supreme Court, legal father, paternity

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