GREGORY BENAC, PETITIONER,
v.
SANDIE LYNN BREE, RESPONDENT
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The court granted a petition for writ of certiorari to quash a circuit court order requiring a man to submit to an HLA blood test, finding he had standing to challenge the order based on privacy rights and estoppel.
The court held that the man had standing to petition for a writ of certiorari to quash the order for an HLA blood test, recognizing his privacy rights and potential estoppel claim.
[1] A party may have standing to object to paternity testing based on state constitutional rights to privacy.
[2] A court must consider the best interests of the child when determining paternity.
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PER CURIAM.
Gregory Benac petitions this court for a writ of certiorari, seeking to quash a circuit court order which requires him to submit to a Human Leukocyte Antigen (HLA) blood test. We grant the petition.
Respondent Sandie Bree is the mother of a child born out of wedlock. Benac is listed on the child’s birth certificate as the father, has acknowledged fatherhood, and has furnished support for the child. Benac and Bree discontinued their relationship, and Bree was later incarcerated on criminal charges. Benac sought custody of the child, but custody was awarded to the maternal grandmother with Benac having visitation rights. Notably the circuit court, in arriving at this decision, made a specific finding that Benac was the child’s father. Bree, by counterpetition, claimed that another individual (not a party to this case) is actually the father. Presumably she expects, or hopes, that the HLA test will prove this fact. After hearing argument from counsel for both parties, the circuit court ordered the blood test.
First we must address the issue of Benac’s standing to bring this action in certiorari. In cases where paternity is contested, much as with disputes over child custody, the paramount consideration for the courts should be the best interests of the child. Privette v. State of Florida, Department of Health and Rehabilitative Services, 585 So. 2d 364 (Fla. 2d DCA 1991).
Accordingly, at least one case has denied standing to a putative father who objected to medical testing procedures designed to determine paternity. Pitcairn v. Vowell, 580 So. 2d 219 (Fla. 1st DCA 1991).1 However, in Privette this court reaffirmed such standing, based on the state constitutional right of privacy. If anything, the interest in recognizing Benac’s standing is stronger than cases wherein the putative father is motivated, at least in part, by a wish to avoid the responsibilities of parenthood.2 Cf. Mays v. Twigg, 543 So. 2d 241 (Fla. 2d DCA 1989); Van Nostrand v. Olivieri, 427 So. 2d 374 (Fla. 2d DCA 1983).
The extent of such standing is another matter. Benac contends that Bree should be estopped from contradicting her prior acknowledgment that he is the child’s father. See, e.g., T.D.D. v. M.J.D.D., 453 So. 2d 856 (Fla. 4th DCA 1984). T.D.D. involved a wife’s attempt, during dissolution proceedings, to declare her child illegitimate despite prior assertions that the former husband was the father. Although describing the child’s best interests as “an important issue,” the court nevertheless concluded that a determination of estoppel would represent “the end of the matter.” 453 So. 2d at 858. In the present case we stop short of adopting an identical position, which we believe would exalt the petitioner’s interests over those of the child.
However, in Privette we did suggest that privacy rights such as those interposed by Be-nac should be respected in the absence of “a threshold showing that the complaint is brought in good faith and is likely to be supported by reliable evidence.” 585 So. 2d at 366.
We find such a requirement equally appropriate here.
Once the court is satisfied that the complaint is not patently frivolous or malicious, Benac’s right to object to the HLA testing may still serve a salutary purpose. It serves, in essence, as a vehicle to enforce the rights of the child to an adequate determination of his own interests. Even employing this different approach we would conclude that the order for HLA testing is premature, because the circuit court has not yet received any evidence as to what the child’s interests may be. Although the court expressed its opinion that “the child does have a right to know who his father is,” it is also possible that additional evidence might persuade the court that the child is better served by maintaining the status quo.
Should this prove to be so, then the court would be justified in revisiting Benac’s estoppel argument.
The petition for writ of certiorari is granted, the order of the circuit court requiring HLA testing is quashed, and this case is remanded for further proceedings consistent with this opinion.
SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur. . Pitcairn was alleged to have fathered the child of a woman who was married to someone else. He attempted to rely upon the presumption that the mother’s husband is the father of a child born in wedlock. See Eldridge v. Eldridge, 153 Fla. 873, 16 So. 2d 163 (1944).
. Because both cases involve privacy rights, we believe it is immaterial that Privette stemmed from a paternity action under Chapter 742, Florida Statutes, while the present case is a custody dispute between unmarried parents.
. The circuit court did not elaborate upon this "right to know.” However, such knowledge might be crucial to compilation of an adequate medical history for the child. Thus we cannot totally disclaim consideration of this question when determining the child's best interests. We merely hold that such an assertion, in the absence of other evidence, is an insufficient basis to require the potentially disruptive HLA testing.
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Parker v. Parker, 950 So. 2d 388 (Fla. 2007)…have consistently held that it is generally in a child’s best interest to promote stability and finality in matters of paternity. See, e.g., Fla. Dep’t of Revenue ex rel. R.A.E. v. M.L.S., 756 So. 2d 125,127 (Fla. 2d DCA 2000) (citing Benac v. Bree, 590 So. 2d 536 (Fla. 2d DCA 1991); Marshall v. Marshall, 386 So. 2d 11 (Fla. 5th DCA 1980)). While we certainly are mindful of the impact this decision has on the petitioner’s interests, as explained above, the current balance of policy considerations favors prot…
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Spence v. Stewart, 705 So. 2d 996 (Fla. 4th DCA 1998)…d be based on the best interest of the child, as they are in dissolution proceedings. See Privette v. State of Florida, Dep’t of Health and Rehabilitative Servs., 585 So. 2d 364 (Fla. 2d DCA 1991), approved, 617 So. 2d 305 (Fla.1993); Benac v. Bree, 590 So. 2d 536 (Fla. 2d DCA 1991). Under section 61.13(2)(b)(2)(c), Florida Statutes (1995), a court may award grand-parental visitation rights in a dissolution proceeding if the court deems that such visitation is in the child’s best interest. In Wishart v. Bate…
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Fla. Dep't OF Revenue ex rel. R.A.E. v. M.L.S., 756 So. 2d 125 (Fla. 2d DCA 2000)…asonable time. Here, the appellee raised his challenge within a reasonable time after being told by the child that he was not her real father. . , Our paramount consideration in paternity cases is the best interests of the child. See Benac v. Bree, 590 So. 2d 536 (Fla. 2d DCA 1991); Marshall v. Marshall, 386 So. 2d 11 (Fla. 5th DCA 1980). We are aware that the best interests of children generally would be served by finality and stability in matters involving paternity. In this case, however, the issue of pat…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eldridge v. Eldridge, 153 Fla. 873 (Fla. 1944)
- Van Nostrand v. Nunzio J. Olivieri and Carol A. Olivieri, 427 So. 2d 374 (Fla. 2d DCA 1983)
- T.D.D. v. M.J.D.D., 453 So. 2d 856 (Fla. 4th DCA 1984)
- Pitcairn v. Francine Vowell, 580 So. 2d 219 (Fla. 1st DCA 1991)
- Privette v. State, 585 So. 2d 364 (Fla. 2d DCA 1991)
- Mays v. Twigg, 543 So. 2d 241 (Fla. 2d DCA 1989)