Wednesday, April 4, 2012

Lord Mansfield Returns to the Fourth District

The Fourth District Court of Appeal reversed today in J.T.J. v. N.H. and E.R., a case in which the lower tribunal had dismissed a petition to establish paternity on the grounds that the minor child was born while the mother was married to another man, thus raising a presumption of legitimacy.  The Appellant, the putative father of the minor child, argued that he was entitled to an evidentiary hearing prior to dismissal for such a reason.  The Fourth District Court agreed, holding as they did in the recent D.O.R. ex rel Iglesias case that an evidentiary hearing was required as to the best interests of the minor child prior to any such dismissal.

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