J.T.J. v. N.H.

No. 4D11-19.

84 So.3d 1176 (2012)

J.T.J., Appellant, v. N.H. and E.R., Appellees.

District Court of Appeal of Florida, Fourth District.

April 4, 2012.


Attorney(s) appearing for the Case

Moria Rozenson of Pickett, Marshall & Rozenson, P.A., West Palm Beach, for appellant.

Trey E. Miller of Law Office of Trey E. Miller, III, P.A., Hollywood, for appellees.


WARNER, J.

Appellant, the biological father of the child, G.H., appeals the trial court's dismissal of his petition to establish paternity on the ground that G.H. was born during the mother's marriage to another man, thus raising the presumption of legitimacy for G.H. Appellant claims, however, that he is entitled to an evidentiary hearing to determine his standing to bring this petition. We agree and reverse.

The mother of the child, N.H., was married to...

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