Determination of parenthoodRule 8.226
Related statutes: § 39.503 Identity or location of parent unknown; special procedures. · § 39.803 Identity or location of parent unknown after filing of termination of parental rights petition; special procedures. · § 39.01 · § 39.804
3 opinions cite Rule 8.226
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J.R-P. v. Department of Children & Families 228 So. 3d 628 · 2DCASE2D16-5598 · 2nd DCA 2017
· cited by 2 in all courts
Order disestablishing the legal father's paternity affirmed; the biological father had standing to challenge paternity in the dependency case, with the child's best interest controlling.
…second point. We now address J.R-P.'s standing argument. O.R.'s paternity challenge arose in a chapter 39 dependency case. Florida Rule of Juvenile Procedure 8.226 addresses parenthood determinations in chapter 39 cases. See In re Amendments to Fla. Rules of Juvenile Procedure, 115 So. 3d 286, 289 (Fla. 2013)…
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Guardian ad Litem Program v. T.M. 2D22-2501 · 2nd DCA 2022
Supplemental adjudication reversed because the trial court wrongly refused to consider on the merits the guardian ad litem's rule 8.270 challenge to a birth-certificate parent's status.
…Moreover, the biological father, if identified and located, is entitled to notice as a prospective parent and the opportunity to assert parenthood. Fla. R. Juv. P. 8.226(b). In light of the foregoing, the trial court had the authority to entertain and in fact should have entertained the merits of the GALP's motion to…
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In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021
…with the court as an amendment to the permanent address designation within 10 calendar days. -5- (c) [No Change] RULE 8.226. DETERMINATION OF PARENTHOOD (a) [No Change] (b) Appearance of Prospective Parent. (1) If a prospective parent appears in the…
No opinion cites this provision by number.
Cited as rule 8.226 under earlier numbering (1)
These opinions cite a rule numbered 8.226 before that number meant this rule: before the rules were renumbered on July 1, 1991, or before this rule was adopted (effective 2013-07-01). They are about a different rule.
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(a) In General. The court must determine the identity of all parents and prospective parents at the initial hearing in proceedings under chapter 39, Florida Statutes, as provided by law. Nothing in this rule prevents a parent or prospective parent from pursuing remedies under chapter 742, Florida Statutes. The court having jurisdiction over the dependency matter may conduct proceedings under chapter 742, Florida Statutes, either as part of the chapter 39, Florida Statutes, proceeding or in a separate action under chapter 742, Florida Statutes.
(b) Appearance of Prospective Parent.
(1) If a prospective parent appears in the chapter 39, Florida Statutes, proceeding, the court must advise the prospective parent of the right to become a parent in the proceeding by completing a sworn affidavit of parenthood and filing the affidavit with the court or the department. This subdivision does not apply if the court has identified both parents of the child as defined by law.
(2) If the prospective parent seeks to become a parent in the chapter 39, Florida Statutes, proceeding, the prospective parent must complete a sworn affidavit of parenthood and file the affidavit with the court or the department. If a party objects to the entry of the finding that the prospective parent is a parent in the proceeding, or if the court on its own motion requires further proceedings to determine parenthood, the court must not enter an order finding parenthood until proceedings under chapter 742, Florida Statutes, have been concluded. The prospective parent must continue to receive notice of hearings as a participant pending the proceedings under chapter 742, Florida Statutes. If no other party objects and the court does not require further proceedings to determine parenthood, the court must enter an order finding that the prospective parent is a parent in the proceeding.
(3) If the prospective parent is uncertain about parenthood and requests further proof of parenthood, or if there is more than one prospective parent for the same child, the juvenile court may conduct proceedings under chapter 742, Florida Statutes, to determine parenthood. At the conclusion of the chapter 742, Florida Statutes, proceedings, the court must enter an order determining parenthood.
(4) Provided that paternity has not otherwise been established by operation of law or court order, at any time prior to the court entering a finding that the prospective parent is the parent in the proceeding, the prospective parent may complete and file with the court or the department a sworn affidavit of nonpaternity declaring that the prospective parent is not the parent of the child and waiving all potential rights to the child and rights to further notices of hearing and court filings in the proceeding.
(5) If the court has identified both parents of a child as defined by law, the court mustl not recognize an alleged biological parent as a parent in the proceeding until a court enters an order pursuant to law establishing the alleged biological parent as a parent in the proceeding.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 2022-01-01 Amended · 345 So. 3d 255
- Eff. 2013-07-01 Adopted · 115 So.3d 286
- Eff. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1991-07-01 Amended · 589 So.2d 818