Johnson v. Ruby, 4D99-4389.
Decision Date | 29 November 2000 |
Docket Number | No. 4D99-4389.,4D99-4389. |
Citation | 771 So.2d 1275 |
Parties | James JOHNSON, Appellant, v. Kari RUBY, n/k/a Kari Post, Appellee. |
Court | Florida District Court of Appeals |
Michael J. Mortell of J.D. Lewis, III & Associates, Stuart, for appellant.
William T. Hess of Hess & Heathcock, Stuart, for appellee.
James Johnson (Johnson) appeals the order dismissing his Petition to Establish Paternity, Child Custody, and Child Support. We affirm.
Johnson filed a Petition to Establish Paternity, Child Custody, and Child Support regarding the alleged unborn child of Kari Post (Post), formerly known as Kari Ruby. Johnson alleged that he is the natural father of the child, although he and Post had never been married. Post filed a motion to dismiss the petition asserting that she is married and believes that her husband, Michael Post, is the father of Cameron Michael Post, the child who was born on October 8, 1999.
Following a hearing, the court dismissed the action on the basis that Johnson has no standing. The trial court found that:
Johnson claims he has reason to believe he is the father of Post's child because he and Post had sexual relations around the time of conception; therefore, the court erred in dismissing the petition. The prevailing law in this state, however, is that a putative father has no right to seek to establish paternity of a child who was born into an intact marriage when the married woman and her husband object. See I.A. v. H.H., 710 So.2d 162 (Fla. 2d DCA 1998); G.F.C. v. S.G. and D.G., 686 So.2d 1382 (Fla. 5th DCA 1997). Rather, under such circumstances, the husband of the mother is presumed to be the child's biological father; at a minimum, he is the child's legal father. See § 382.013(2)(a), Fla. Stat. (1999)("If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction."); see also G.F.C., 686 So.2d at 1385 ( ).
Pursuant to the current state of the law, Johnson has no cause of action. Thus, the trial court correctly dismissed his petition because it had no authority to entertain it. See I.A.
AFFIRMED.
KLEIN, J., concurs specially with opinion.
I agree with the majority. I am writing only to add that, when the mother filed a motion to dismiss appellant's petition, she also filed an affidavit signed by her and her husband which included the following:
To continue reading
Request your trial-
Simmonds v. Perkins
...that it was constrained by Fourth District precedent to dismiss the petition as a matter of law. Quoting Johnson v. Ruby , 771 So.2d 1275, 1275–76 (Fla. 4th DCA 2000), the circuit court concluded that "[a] putative father has no right to [seek to] establish paternity of a child who was born......
-
Fernandez v. McKenney
...we ruled that under those facts, the biological father had no cause of action under the paternity statute. See also Johnson v. Ruby, 771 So.2d 1275 (Fla. 4th DCA 2000). In G.F.C. we also said that a man claiming to be the biological father of a child born to an intact marriage, may have a r......
-
Lander v. Smith
...establish paternity of a child who was born into an intact marriage when the married woman and her husband object." Johnson v. Ruby, 771 So.2d 1275, 1275 (Fla. 4th DCA 2000); see also Tijerino v. Estrella, 843 So.2d 984, 985 (Fla. 3d DCA 2003); Bellomo v. Gagliano, 815 So.2d 721, 722 (Fla. ......
-
Nevitt v. Bonomo
...paternity of a child who was born into an intact marriage when the married woman and her husband object.” Johnson v. Ruby, 771 So.2d 1275, 1275–76 (Fla. 4th DCA 2000); see also Tijerino v. Estrella, 843 So.2d 984 (Fla. 3d DCA 2003); S.D. v. A.G., 764 So.2d 807, 809 (Fla. 2d DCA 2000); S.B. ......
-
The presumptions of Privette: have they perished with the coming of Daniel and disestablishment of paternity?
...Series, Inc. 1996). (9) Daniel, 695 So. 2d at 1255. (10) G.F.C. v. S.G., 686 So. 2d 1382 (Fla. 5th D.C.A. 1997). (11) Johnson v. Ruby, 771 So. 2d 1275, 1275-76 (Fla. 4th D.C.A. (12) Parker v. Parker, 950 So. 2d 388, 391 (Fla. 2007). (13) DeClaire v. Yohanan, 453 So. 2d 375, 377 (Fla. 1984).......