Bill Text: FL S1402 | 2024 | Regular Session | Introduced


Bill Title: Establishment of Paternity

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Judiciary [S1402 Detail]

Download: Florida-2024-S1402-Introduced.html
       Florida Senate - 2024                                    SB 1402
       
       
        
       By Senator Jones
       
       
       
       
       
       34-01651-24                                           20241402__
    1                        A bill to be entitled                      
    2         An act relating to establishment of paternity;
    3         creating s. 742.092, F.S.; creating a presumption of a
    4         legal father; authorizing certain persons to rebut
    5         such presumption by filing a petition to determine
    6         paternity; providing requirements for a petition to
    7         determine paternity; requiring the court to appoint a
    8         guardian ad litem or an attorney ad litem under
    9         certain circumstances; providing requirements for
   10         guardians ad litem; requiring the court to hold an
   11         evidentiary hearing on the petition; providing a
   12         burden of proof; requiring the court to consider
   13         certain factors when determining whether to allow a
   14         petition to proceed; requiring certain persons to
   15         submit to genetic testing if a petition is allowed to
   16         proceed; providing requirements for the order for
   17         scientific testing; requiring the genetic test
   18         results, along with the opinions and conclusions of
   19         the qualified technical laboratory, to be filed with
   20         the court within a specified timeframe; creating a
   21         rebuttable presumption; requiring the court to dismiss
   22         the petition and seal the court file under certain
   23         circumstances; requiring that written objections to
   24         genetic test results be filed within a certain
   25         timeframe; requiring an evidentiary hearing, at which
   26         certain experts may testify, if an objection to the
   27         test results is filed; requiring additional testing
   28         under certain circumstances; requiring the court to
   29         enter a summary judgment of paternity and hold a trial
   30         for certain purposes under certain circumstances;
   31         requiring the court to consider certain factors when
   32         determining the best interests of a child at trial;
   33         providing requirements for the court’s final order or
   34         judgment; authorizing the court to approve, grant, or
   35         modify a parenting plan, even if the child is not
   36         physically present in the state; requiring the court
   37         to consider certain factors when approving,
   38         establishing, or modifying a parenting plan; providing
   39         parenting plan requirements; authorizing the court to
   40         enter an order for the payment of child support;
   41         providing requirements for the calculation of such
   42         child support; authorizing the court to modify a
   43         parenting plan, time-sharing schedule, or child
   44         support order upon a showing of a substantial change
   45         in circumstances; providing construction; amending s.
   46         61.046, F.S.; conforming cross-references; providing
   47         an effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 742.092, Florida Statutes, is created to
   52  read:
   53         742.092Establishment of paternity.—
   54         (1)A man is presumed to be the legal father of a child if,
   55  at the time of the child’s conception or birth, he was married
   56  to the child’s biological mother or if parentage has otherwise
   57  been established under s. 742.091, s. 742.10, or s. 742.105.
   58         (2)A child, the child’s biological mother, or a man who
   59  has a reasonable and well-founded belief that he is the child’s
   60  biological father may rebut the presumption established in
   61  subsection (1) by filing a petition in circuit court to
   62  determine the paternity of the child. The petition must meet all
   63  of the following requirements:
   64         (a)Be signed by the petitioner under oath.
   65         (b)Identify as parties the child’s biological mother, the
   66  child’s legal father, the child’s alleged biological father, and
   67  any other person who may be the child’s legal parent.
   68         (c)Allege specific facts to support a claim that the
   69  alleged biological father is the child’s actual biological
   70  father, that the alleged biological father has manifested a
   71  substantial and continuing concern for the welfare of the child,
   72  and that it is in the best interests of the child to establish
   73  the alleged biological father as a legal parent of the child.
   74         (3)(a)In a proceeding to establish paternity under this
   75  section, the court shall appoint a guardian ad litem for the
   76  child unless good cause is shown that a guardian ad litem is not
   77  necessary to protect the best interests of the child. A person
   78  appointed as a guardian ad litem must meet the qualifications
   79  and maintain confidentiality as provided under ss. 61.402 and
   80  61.404, respectively; has the powers and authorities specified
   81  under s. 61.403; and is immune from liability as provided under
   82  s. 61.405.
   83         (b)If the court determines that the child is of sufficient
   84  age and maturity to participate in the proceedings, the court
   85  must appoint an attorney ad litem for the child in lieu of a
   86  guardian ad litem, unless good cause is shown that an attorney
   87  ad litem is not necessary to protect the best interests of the
   88  child.
   89         (4)(a)The court shall hold an evidentiary hearing on the
   90  petition to determine paternity, at which the petitioner has the
   91  burden of producing clear and convincing evidence that the
   92  alleged biological father has manifested a substantial and
   93  continuing concern for the welfare of the child and that the
   94  best interests of the child would be served by allowing the
   95  petition to proceed.
   96         (b)In making its determination on whether to allow the
   97  petition to proceed, the court shall give weight to all of the
   98  following:
   99         1.Whether the biological mother is deceased or
  100  incapacitated.
  101         2.Whether the biological mother is seeking or has obtained
  102  a dissolution of her marriage to the presumed legal father.
  103         3.Whether the legal father seeks to maintain his presumed
  104  status as the legal father of the child.
  105         (c)If the court finds that the alleged biological father
  106  has not manifested a substantial and continuing concern for the
  107  welfare of the child or that the child’s best interests would
  108  not be served by allowing the petition to proceed, the court
  109  must dismiss the petition with prejudice and seal the court
  110  file.
  111         (5)(a)If a petition to determine paternity is allowed to
  112  proceed after the evidentiary hearing pursuant to subsection
  113  (4), the child and the alleged biological father must submit to
  114  genetic testing conducted by a qualified technical laboratory,
  115  as defined in s. 409.256(1), to determine the probability of
  116  parentage. In the order for genetic testing, the court must
  117  inform each person who is required to be tested of the
  118  procedures and requirements for objecting to the genetic test
  119  results and the consequences for failing to object.
  120         (b)The alleged biological father must file the genetic
  121  test results, together with the opinions and conclusions of the
  122  qualified technical laboratory, with the court no later than 15
  123  days after the alleged biological father receives the test
  124  results from the laboratory. The test results are admissible in
  125  evidence and must be weighed along with any other evidence of
  126  parentage of the alleged biological father, unless the
  127  statistical probability of parentage from the genetic test
  128  results equals or exceeds 95 percent. A statistical probability
  129  of parentage of 95 percent or more creates a rebuttable
  130  presumption, as defined in s. 90.304, that the alleged
  131  biological father is the actual biological father of the child.
  132         (c)If the genetic test results indicate that the alleged
  133  biological father is not the actual biological father of the
  134  child, the court must dismiss the petition and seal the court
  135  file.
  136         (6)An objection to the genetic test results must be made
  137  in writing and filed with the court within 30 days after the
  138  test results are filed or as otherwise specified by the court.
  139         (a)If an objection is filed, the court must hold an
  140  evidentiary hearing. At the evidentiary hearing, a party may
  141  call an outside expert to refute or support the genetic testing
  142  procedures or results, or the mathematical theory on which such
  143  results are based. If the test results or the expert analysis of
  144  the inherited characteristics is disputed, the court, upon
  145  reasonable request of a party, must order that an additional
  146  test be made by the same laboratory or an independent laboratory
  147  at the expense of the party requesting the additional testing.
  148         (b)If an objection to the genetic test results is not
  149  filed, the test results may be admitted into evidence without
  150  the need for predicate to be laid or third-party foundation
  151  testimony to be presented.
  152         (7)If an objection to the genetic testing is not filed, a
  153  party fails to rebut the presumption of paternity established
  154  under paragraph (5)(b), or the genetic testing establishes that
  155  the alleged biological father is the actual biological father of
  156  the child, the court must enter a summary judgment of paternity
  157  and hold a trial to determine:
  158         (a)If the husband of the child’s biological mother should
  159  remain the sole legal father of the child based on the best
  160  interests of the child;
  161         (b)If the parentage and the legal rights,
  162  responsibilities, and obligations of the husband of the child’s
  163  biological mother should be terminated and granted to the
  164  biological father; or
  165         (c)If the child’s biological mother, mother’s husband, and
  166  biological father should share parentage and the legal rights,
  167  responsibilities, and obligations of the child.
  168         (8)At trial, the court must determine the best interests
  169  of the child by evaluating all of the factors affecting the
  170  welfare and interests of the particular child and the
  171  circumstances of the family, including, but not limited to:
  172         (a)The established bond between the child and the
  173  biological mother’s husband.
  174         (b)The established bond between the child and the
  175  biological father.
  176         (c)The permanency and stability of the child’s current
  177  family unit, including the length of time the child has lived in
  178  a satisfactory environment and the desirability to maintain
  179  continuity or create stability for the child.
  180         (d)The capacity and disposition of the biological mother’s
  181  husband and the biological father to provide for the child’s
  182  financial needs.
  183         (e)The moral fitness of the biological mother’s husband
  184  and the biological father.
  185         (f)The mental and physical health of the biological
  186  mother’s husband and the biological father.
  187         (g)The home, school, and community record of the child.
  188         (h)The reasonable preference of the child, if the court
  189  deems the child to be of sufficient intelligence, understanding,
  190  and experience to express a preference.
  191         (i)Evidence that the biological mother’s husband or the
  192  biological father has abandoned, abused, or neglected the child,
  193  or has otherwise been remiss in his responsibilities for the
  194  child.
  195         (j)Evidence that the biological mother’s husband or the
  196  biological father has ever acted contrary to the best interests
  197  of the child.
  198         (k)Evidence that the biological mother’s husband or the
  199  biological father wishes to exercise or continue to exercise his
  200  parental rights.
  201         (l)If the biological mother of the child is deceased or
  202  incapacitated.
  203         (m)If the biological mother of the child is seeking or has
  204  obtained a dissolution of marriage from her husband.
  205         (n)Any other factor that the court deems relevant.
  206         (9)(a)If the court determines that it is in the best
  207  interests of the child for the biological mother’s husband to
  208  remain the legal father of the child to the exclusion of the
  209  biological father, the court must enter a final order or
  210  judgment denying the petition to determine paternity and seal
  211  the court file.
  212         (b)If the court determines that it is in the best
  213  interests of the child for the parental rights of the biological
  214  mother’s husband to be terminated and the biological father to
  215  be the legal father of the child, the court must enter a final
  216  order or judgment that does both of the following:
  217         1.Terminates the parental rights and responsibilities of
  218  the biological mother’s husband, declaring that the biological
  219  father is the legal father of the child, and specifying the
  220  biological father’s rights, responsibilities, and obligations,
  221  including, but not limited to, time-sharing and child support.
  222         2.Requires that the biological father’s name be
  223  substituted on the child’s birth certificate and the name of the
  224  biological mother’s husband be removed.
  225         (c)If the court determines that the biological mother’s
  226  husband and the biological father each have established a
  227  substantial relationship with the child and that it is in the
  228  best interests of the child for both men to be the child’s legal
  229  father, the court must enter a final order or judgment that does
  230  all of the following:
  231         1.Preserves the parental and legal rights of the
  232  biological mother’s husband.
  233         2.Establishes the biological father’s legal rights,
  234  responsibilities, and obligations as the child’s third legal
  235  parent.
  236         3.Requires the Office of Vital Statistics of the
  237  Department of Health to amend the child’s birth certificate to
  238  add the biological father’s name as the third legal parent of
  239  the child.
  240         4.Declares that each legal parent is recognized as an
  241  equal parent to the child and has equal standing to secure
  242  shared parenting rights to time-sharing, parental
  243  responsibility, and child support.
  244         (10)The court may approve, establish, or modify a
  245  parenting plan, as defined in s. 61.046, in a final order or
  246  judgment entered pursuant to paragraph (9)(b) or paragraph
  247  (9)(c). The parenting plan must be developed and agreed to by
  248  all legal parents and approved by the court or established by
  249  the court if all legal parents cannot agree to a plan or all
  250  legal parents agreed to a plan that is not approved by the
  251  court.
  252         (a)The court must consider the factors listed in s.
  253  61.13(3) to determine the best interests of the child before
  254  approving, establishing, or modifying a parenting plan. The best
  255  interests of the child should govern and be of foremost concern
  256  in the court’s approval, establishment, or modification of a
  257  parenting plan.
  258         (b)The court may approve, establish, or modify a parenting
  259  plan, notwithstanding that the child is not physically present
  260  in the state, if the court finds that the child was removed from
  261  the state for the primary purpose of removing the child from the
  262  court’s jurisdiction in an attempt to avoid the court’s
  263  approval, creation, or modification of a parenting plan.
  264         (c)A parenting plan that is approved or established by the
  265  court must, at a minimum, include all of the following:
  266         1.Describe the shared responsibilities for the daily tasks
  267  of parenting.
  268         2.The time-sharing schedule specifying the time the child
  269  will spend with each legal parent.
  270         3.A designation of which legal parent will be responsible
  271  for health care, school-related matters, and extracurricular
  272  activities.
  273         4.The address to be used for school boundary determination
  274  and registration.
  275         5.The means of communication or technology which the legal
  276  parents will use to communicate with the child.
  277         (d)The court shall determine matters relating to the
  278  parenting and time-sharing of each child of the parties in
  279  accordance with the Uniform Child Custody Jurisdiction and
  280  Enforcement Act, part II of chapter 61, and this section.
  281         (11)The court may order the payment of child support by
  282  any legal parent owing a duty of support in a final order or
  283  judgment entered pursuant to paragraph (9)(b) or paragraph
  284  (9)(c). When calculating child support, the court shall:
  285         (a)1.For an order entered pursuant to paragraph (9)(b),
  286  calculate child support obligations pursuant to s. 61.30.
  287         2.For an order entered pursuant to paragraph (9)(c),
  288  ensure that the child receives the same full benefit of the
  289  total amount of child support as a child would receive under the
  290  guidelines schedule in s. 61.30.
  291         (b)Consider each deviation factor listed in s.
  292  61.30(11)(a) to ensure that the distribution of the child
  293  support is fair and equitable.
  294         (12)The court may modify a parenting plan, time-sharing
  295  schedule, or child support order entered under this section upon
  296  a showing by the parent petitioning for modification that a
  297  substantial change in circumstance has occurred.
  298         (13)An order or a judgment entered under this section does
  299  not impugn or affect a child’s legitimacy.
  300         Section 2. Paragraphs (c) and (d) of subsection (14) of
  301  section 61.046, Florida Statutes, are amended to read:
  302         61.046 Definitions.—As used in this chapter, the term:
  303         (14) “Parenting plan” means a document created to govern
  304  the relationship between the parents relating to decisions that
  305  must be made regarding the minor child and must contain a time
  306  sharing schedule for the parents and child. The issues
  307  concerning the minor child may include, but are not limited to,
  308  the child’s education, health care, and physical, social, and
  309  emotional well-being. In creating the plan, all circumstances
  310  between the parents, including their historic relationship,
  311  domestic violence, and other factors must be taken into
  312  consideration.
  313         (c) For purposes of the Uniform Child Custody Jurisdiction
  314  and Enforcement Act, part II of this chapter, a judgment or
  315  order incorporating a parenting plan under this part is a child
  316  custody determination under part II of this chapter or under s.
  317  742.092.
  318         (d) For purposes of the International Child Abduction
  319  Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
  320  the Civil Aspects of International Child Abduction, enacted at
  321  the Hague on October 25, 1980, rights of custody and rights of
  322  access are determined pursuant to the parenting plan under this
  323  part or under s. 742.092.
  324         Section 3. This act shall take effect July 1, 2024.

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