How do I appeal a visitation decision?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I appeal a visitation decision?
I was married when my daughter was born. However, we had been seperated for months before I got pregnant. There is absolutely noway possible for my daughter to be my ex husband’s biologically. According to state law, a child born in to a marriage is legitimated to the husband, regardless of paternity. However, the loop hole to this is: if the “father” (husband) would like to deny paternity, he can do so. But if the mother wants to question paternity (like I would) and have a DNA test conducted, there are no laws to protect the mothers rights to challange paternity. Courts gave my ex-husband visitation. I want to appeal and have the law revised. How?
Asked on October 26, 2012 under Family Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I suggest that you consult with an appellate lawyer on the subject who has experience in family law matters. At first blush the statute that you are writing about seems to violate Constitutional issues based upon equal protection by differentiating between options for one gender versus the other. In essence, the argument is that the statute treats men and women differently in violation of your state's equal protection clause under its Constitution.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.