One of the things that can be both a strength and a weakness of the law is that it is slow to change. This gives the law a degree of certainty and stability, which is important. It also, though, means that the law can be slow to catch up with societal changes or advances in scientific technology. That can be especially true when it comes to the law of paternity. Most paternity law was created in a time when there was no technology to tell us who the biological father of a child was. So what do you do if you have fathered a child with a married woman and want to make sure that your relationship with the child and your parental rights are protected? One of the first things you should do is contact an experienced South Florida paternity attorney to discuss your rights and your options, since these cases can be complex.
The law says that, if a woman gives birth to a child while she is part of an intact marriage, that child is presumed to be the legal offspring of the mother and her husband. As is true of many presumptions that the law establishes, you can overcome the presumption if you have enough evidence that the presumption is, in your case, not correct. A recent Fourth District Court of Appeal case that originated in Broward County offered some information on this.
The heart of this legal battle was a baby born in February 2013. DNA testing was performed, and Connor was identified as the father. In September 2015, the biological father sought to obtain a court order of paternity. The mother opposed the request, arguing that the child was the product of an intact marriage and that Connor lacked the legal authority granted by the law even to bring the lawsuit (which is something called “standing”).