Wednesday, January 18, 2012

Lord Mansfield’s Rule Examined by Fourth District

In Department of Revenue v. Iglesias, the Fourth District issued an opinion today overruling the lower tribunal’s order dismissing the case as to the putatitive father in favor of the second respondent in that paternity action, who was the husband of the mother at time of conception.  The Court offered a detailed analysis as to the effect of the presumption of legitimacy, and found that a privacy right must be asserted to make it an issue, requiring a determination of the best interests of the child in the case proper.

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