A father in St. Lucie County is in the midst of a paternity battle in the hopes of gaining parental rights to his biological three year old son. In this unusual circumstance, a Florida law declaring that children born into a marriage belong to that marriage has given the mother’s husband all paternal rights to the child.
After the mother and biological father’s 5 year relationship ended, the mother gave birth to their child during her marriage to her current husband.
The mother hopes that her current husband, the child’s stepfather, will retain his full paternal rights, adhering to the current law. The biological father, who has been fighting for over a year to be acknowledged as the child’s father legally, wishes to be a part of the child’s life, but not to bring him away from his current family.
A guardian ad litem has been appointed by the court to represent the child’s best interests to the judge. She has stated that the boy is very close with his stepfather, and current legal father. As such, she recommended upholding the current legal paternity, as to not disturb the boy’s current family lifestyle. The judge is set to hear testimony from a series of other witnesses before a decision is made.
If you are struggling with a paternity case in the Orlando area, reach out to our team of experienced attorneys today. Call to schedule a consultation, and let us advise you on the best legal steps for your unique situation.