Florida law presumes that a woman’s husband is the man with whom she conceives a baby. This presumption is one that has been the source of trouble for one man.
The Loxahatchee man claims that he can’t raise his child because the court presumes that his ex-girlfriend’s husband has parental rights. He laments that he doesn’t have any of those rights to his own biological child.
The woman was separated from her husband when she began a relationship with him. She moved into his home for a few months. After she got pregnant, she moved back in with her husband and continued with the marriage.
The man with whom she was with when she was separated is the now-toddler’s father. He got a nursery ready at his home for the baby, but the child hasn’t ever been there. The only contact he’s had with the baby was once when the woman met him on a street corner.
He wants to be a part of his child’s life, but he is now battling the court system to have his parental rights acknowledged. The uphill battle is heading to the appellate court and could possibly move to the Florida Supreme Court after that.
It is always a sad situation when a man wants to be a part of his child’s life but is unable to do so because of a law like this one from the 1990s. Any father who wants to be a part of his child’s life and needs the court’s help to do so should learn about his options. A family law attorney can assist with establishing and asserting parental rights.
Source: WPTV, “Biological father challenges Florida law stripping him of parental rights,” Michelle Quesada, Jan. 11, 2017