How do I appeal a visitation decision?

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How do I appeal a visitation decision?

I was married when my daughter was born. However, we had been seperated for months before I got pregnant. There is absolutely noway possible for my daughter to be my ex husband’s biologically. According to state law, a child born in to a marriage is legitimated to the husband, regardless of paternity. However, the loop hole to this is: if the “father” (husband) would like to deny paternity, he can do so. But if the mother wants to question paternity (like I would) and have a DNA test conducted, there are no laws to protect the mothers rights to challange paternity. Courts gave my ex-husband visitation. I want to appeal and have the law revised. How?

Asked on October 26, 2012 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with an appellate lawyer on the subject who has experience in family law matters. At first blush the statute that you are writing about seems to violate Constitutional issues based upon equal protection by differentiating between options for one gender versus the other. In essence, the argument is that the statute treats men and women differently in violation of your state's equal protection clause under its Constitution.


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