Paternity cases are never easy but they can be particularly difficult when a wrench is thrown into the works. Such is the case in Tallahassee, where a five-year-old girl has found herself in the middle of a custody battle between the man who was married to her mother when the child was born, and the man who is her biological father.
News reports say that the decision of custody is now up to the Florida Supreme Court. According to current state law, when a child is born into a marriage, the husband is considered the father, no matter who the biological father is. No one in this case is disputing the fact that the child has a different biological father than the legal father.
The attorney for the child’s father, in the eyes of the law, says that you can legally have two parents of the same gender but you cannot legally have three parents. The attorney for the biological father is asking for shared custody. The biological father also wants parenting rights.
Two lower courts have already heard the case. One court ruled in favor of the biological father and the other ruled in favor of the legal father. If the Florida Supreme Court does not rule in favor of the biological father, his attorney says they will likely appeal to the U.S. Supreme Court.
If you need assistance with custody or paternity issues in Orlando, reach out to our experienced family law team. We will review your needs with you and discuss how we can help. Call today to schedule your free case evaluation.