Overcoming the Presumption of Paternity in Florida

Florida Rulings Paternity – Overcoming the Presumption of Paternity in Florida The presumption that a man married to the biological mother is the legal father of the child may be overcome based on the child’s best interests. “There is a strong presumption ‘that a man married to the biological mother is in fact the legal father of the child. This presumption is one the strongest rebuttable presumptions known to law and is based on the child’s interest in legitimacy and the public policy of protecting the welfare of the child.” G. T. v. Adoption of A.E.T., 725 So. 2d 404, 410 (Fla. 4th DCA 1999) (citing, inter alia, Privette, 617 So. 2d 305). Nevertheless, the presumption is not conclusive and may be overcome with “clear and compelling reason based primarily on the child’s best interests” Privette, 617 So. 2d at 309 (emphasis added).” J.T.J. v. N.H. and E.R.