Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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N.D. v. Department of Children & Family Services961 So. 2d 1027 (Fla. 3d DCA 2007) · 3D07-734

Court
3rd DCA
Decided
2007-07-18
Case
Dependency
Appellant
Father

Reversed & remanded Paternity judgment vacated because a dependency court cannot decide disputed paternity; the alleged father who denied paternity lacks standing to contest dependency or termination.

Issues
Paternity & who is a parent, Parties & standing

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
PER CURIAM.

As the appellee-Department agrees, the trial court has no authority to determine a disputed issue of paternity in a Chapter 39 proceeding. See E.K. v. Dep’t of Children and Family Servs., 874 So.2d 720 (Fla. 2d DCA 2004). The Final Judgment of Paternity entered below is therefore held for naught and vacated. The alleged father, the appellant N.D., having denied paternity, has no standing to object to an order of dependency or the termination of parental rights. If, however, the mother, the Department or another agency desires to establish that paternity, an appropriate proceeding for support or otherwise must be brought in the family division of the circuit court in which the alleged father has the right to a jury trial. See B.J.Y. v. M.A., 617 So.2d 1061 (Fla.1993).

Vacated and remanded.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.