Wednesday, September 28, 2011

Fourth District Affirms Dismissal of Determination of Paternity Under UCCJEA

The Fourth District Court ruled today in Schaffer v. Ling that the lower court properly dismissed that action for determination of paternity, despite the child’s conception in Florida, as Florida was not the child’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act.  This was the case, the Court ruled, because the putative father had sought timesharing and parental responsibility in addition to the determination of paternity.  The Fourth District distinguished this case from Sanchez v. Fernandez, 915 So.2d 192 (Fla. 4th DCA 2005), in which the custody of and timesharing with the child was not at issue.

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