Supreme Court of Florida

Treneka Simmonds, Petitioners v. Connor Perkins, Respondent.

June 28, 2018247 So. 3d 397

Summary

The court held that a biological father has standing to challenge the marital presumption of legitimacy when he has manifested a substantial and continuing concern for the child's welfare, even if the mother and her husband object. It further held that the presumption may be overcome only by clear and convincing evidence of a clear and compelling reason, based primarily on the child's best interests, to replace the marital husband as the legal father. The court approved the result below and disapproved contrary district-court decisions.