According to Florida case law, the law of the father’s domicile governs the determination of a child’s legitimacy. This means that legitimacy is not necessarily based on where the child was born or resides, but rather where the father is legally domiciled.
The general rule is that the law of the domicile of the father determines the legitimacy of his children. 10 C.J.S. Bastards § 8. In this *245 case that would be the law of Puerto Rico. A concise analysis of that law is applied to a situation strikingly similar to the case subjudice appears in DiMedio v. Port Norris Express Co., 71 N.J.Super. 190, 176 A.2d 550. If analysis of the Puerto Rican law discloses there are no legitimate children authorized to maintain this action, then the court should permit those who occupy the next in right status to proceed with this case.
See: Young v. Garcia – 172 So.2d 243
Related
- Paternity Lawsuit in Florida – Filing a Case (or Defending)
- Court-Ordered Paternity in Florida – DNA Testing Explained
- What evidence do I need for child custody in Florida?
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