According to Florida case law, a child conceived during a marriage but born after its dissolution is considered legitimate. Florida courts strongly uphold this status, calling the presumption of legitimacy in this situation one of the strongest rebuttable presumptions known to Florida law.
See: Casbar v. Dicanio – 666 So.2d 1028:
Because that order is void, the minor child, Nicholas Casbar, has the right to petition for paternity and child support. Florida law is clear that a child conceived during the marriage but born after its dissolution is legitimate. Ex parte Hayes, 25 Fla. 279, 6 So. 64 (Fla.1889). Indeed, the presumption of that legitimacy is one of the strongest rebuttable presumptions known to the law. Smith v. Wise, 234 So.2d 145 (Fla. 3d DCA), cert. denied, 238 So.2d 422 (Fla.1970); Dennis v. Department of Health & Rehabilitative Serv., 566 So.2d 1374 (Fla. 5th DCA 1990).
Related
- Paternity Lawsuit in Florida – Filing a Case (or Defending)
- Court-Ordered Paternity in Florida – DNA Testing Explained
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