Child Support – Paternity Testing in Florida Guardian ad Litem

Trial court is required to appoint a guardian ad litem to determine child’s best interests. “For example, if paternity is contested, the child’ s legitimacy is at issue, and the legal father has not had notice or an opportunity to be heard, the trial court is required to appoint a guardian ad litem and hear from the guardian and all the parties before proceeding. See Privette, 617 So. 2d at 308; Daniel, 695 So. 2d at 1255. At a minimum, the court must evaluate the best interests of the child. See Hebner v. Barry, 834 So. 2d 305 (Fla. 4th DCA 2003) (reversing trial court’s order that putative father undergo blood testing where trial court failed to make findings of fact in regard to whether the paternity test was in best interests of the child); Lander, 906 So. 2d at 1135 (remanding for a hearing in a case where the putative father brought the paternity action, and directing that the best interests of the child be considered).” Dep’t of Revenue o/b/o Garcia v. Iglesias

Archives

FindLaw Network