MARGIE SIEGLER AND DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
ROBERT WISER, APPELLEE
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A parent cannot contract away a child's right to support or the court's duty to determine paternity and the child's best interests.
Appellant sought paternity and child support, but a dispute arose over whether the parties had settled the case via communications. The trial court fo…
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STONE, Judge.
Appellant sought a determination of paternity and child support. In the course of litigation, a dispute arose concerning whether the case had been settled by an exchange of communications between the parties. The trial court found that there had been an offer and acceptance, and that there was no public policy in Florida prohibiting a parent from contracting away an “inchoate” right of an illegitimate child to support prior to a determination of paternity-
The right of an illegitimate child to support, and the right to have a trial court determine the best interest of that child cannot be contracted away. Cf. Gammon v. Cobb, 335 So. 2d 261 (Fla.1976); Department of Health and Rehabilitative Services v. Wyatt, 475 So. 2d 1332 (Fla. 5th DCA 1985); Rogers v. Runnels, 448 So. 2d 530 (Fla. 5th DCA), rev. denied, 461 So. 2d 115 (Fla.1984); Coleman v. Mackey, 424 So. 2d 170 (Fla. 3d DCA 1983); Shinall v. Pergeorelis, 325 So. 2d 431 (Fla. 1st DCA 1975). There is no policy reason to apply a separate principle where the trial court has not yet ruled on the paternity claim. Cf. Kendrick v. Everheart, 390 So. 2d 53 (Fla.1980); State, Department of Health and Rehabilitative Services v. West, 378 So. 2d 1220 (Fla.1979); Gammon v. Cobb, 335 So. 2d 261 (Fla.1976); Walker v. Walker, 266 So. 2d 385 (Fla. 1st DCA 1972).
The trial court erred in determining that the issue of paternity was moot. We therefore reverse and remand for further proceedings.
DOWNEY and DELL, JJ., concur.
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State OF Wis. v. Lou Martorella, 670 So. 2d 1161 (Fla. 4th DCA 1996)…the children’s complaint where Martorella has not sustained his burden of proving that the issue of paternity was fully adjudicated in the 1992 action. A child has an independent right to have his interests determined by the court. Siegler v. Wiser, 517 So. 2d 124 (Fla. 4th DCA 1987). Absent factual or legal conclusions in the prior order, there is no indication that paternity was ever frilly adjudicated. See Department of Health and Rehabilitative Servs. v. Griffin, 620 So. 2d 241 (Fla. 1st DCA 1993). In Lo…
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Dep't OF Health & Rehabilitative Servs. v. Griffin, 620 So. 2d 241 (Fla. 1st DCA 1993)…hild. Recognizing the reasoning in Wyatt, we find that the doctrine of res judicata cannot be applied to bar the minor child’s paternity action in this case. See also Department of HRS v. Bell, 510 So. 2d 1207 (Fla. 2d DCA1987) and Siegler v. Wiser, 517 So. 2d 124 (Fla. 4th DCA1987). We do not read Ricks as establishing that a child may not bring an action pursuant to section 742.011, Florida Statutes when a final judgment has not been shown to have been entered previously on the merits of the evidentiary que…
Authorities Cited
- Gammon v. Cobb, 335 So. 2d 261 (Fla. 1976)
- Kendrick v. Everheart, 390 So. 2d 53 (Fla. 1980)
- State v. West, 378 So. 2d 1220 (Fla. 1979)
- Coleman v. MacKey, 424 So. 2d 170 (Fla. 3d DCA 1983)
- Shinall v. Pergeorelis, 325 So. 2d 431 (Fla. 1st DCA 1975)
- Walker v. Walker, 266 So. 2d 385 (Fla. 1st DCA 1972)
- Rogers v. L.K. Runnels, 448 So. 2d 530 (Fla. 5th DCA 1984)
- Dep't OF Health & Rehabilitative Servs. v. Wyatt, 475 So. 2d 1332 (Fla. 5th DCA 1985)