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FL S1022

Bill

Status

Failed

3/10/2018

Primary Sponsor

Children, Families, and Elder Affairs

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Creates a new statutory procedure allowing a child, the child's mother, or an alleged biological parent to petition circuit court to rebut legal parentage presumptions for children born in wedlock or whose parentage was otherwise established by law.

  • Requires petitioner to prove by clear and convincing evidence that the alleged parent has demonstrated substantial interest in the child's welfare and that proceeding serves the child's best interest; court must appoint a guardian ad litem or attorney ad litem for the child.

  • Mandates genetic testing by qualified laboratory if petition advances; a statistical probability of parentage of 95 percent or higher creates a rebuttable presumption of biological parentage.

  • Court must determine whether the mother's spouse remains the legal parent, parental rights transfer to the biological parent, or both the spouse and biological parent share parental rights based on factors including bonds with child, stability, health, moral fitness, and the child's preference.

  • Allows court to establish or modify parenting plans and child support orders; for cases with three legal parents, ensures child receives same total child support as under standard guidelines with fair and equitable distribution among obligated parents.

Legislative Description

Determination of Parentage

Last Action

Died in Rules

3/10/2018

Committee Referrals

Rules1/26/2018
Children, Families, and Elder Affairs1/11/2018
Judiciary12/13/2017

Full Bill Text

No bill text available