| 1 | Representative(s) Gannon offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 89-183 and insert: |
| 5 | (3) Notwithstanding subsection (2), a court may not set |
| 6 | aside the paternity determination or child support order if it |
| 7 | is not in the best interest of the child. For the purpose of |
| 8 | determining the best interest of the child, the court shall |
| 9 | consider and make written findings on each of the following |
| 10 | factors, as applicable: |
| 11 | (a) The age of the child. |
| 12 | (b) The nature and quality of the current relationship |
| 13 | between the petitioner and the child, including the love, |
| 14 | affection, and emotional ties currently existing between the |
| 15 | petitioner and the child. |
| 16 | (c) The nature, duration, and quality of the past |
| 17 | relationship between the petitioner and the child, including the |
| 18 | duration and frequency of any time periods during which the |
| 19 | child and the petitioner resided in the same household or |
| 20 | enjoyed a parent-child relationship. |
| 21 | (d) The nature, duration, and quality of the past |
| 22 | relationship between the child and his or her biological father, |
| 23 | including the duration and frequency of any time periods during |
| 24 | which the child and the biological father resided in the same |
| 25 | household or enjoyed a parent-child relationship. |
| 26 | (e) The nature and quality of the current relationship |
| 27 | between the child and his or her biological father, including |
| 28 | the love, affection, and emotional ties currently existing |
| 29 | between the biological father and the child. |
| 30 | (f) The nature, duration, and quality of the past |
| 31 | relationship between the child's mother and the child's |
| 32 | biological father. |
| 33 | (g) The nature and quality of the current relationship |
| 34 | between the child's mother and the child's biological father. |
| 35 | (h) The existence of siblings, including other children of |
| 36 | the child's biological father. |
| 37 | (i) Whether the conduct of the child's mother has impaired |
| 38 | the relationship between the petitioner and the child. |
| 39 | (j) Whether the conduct of the petitioner has impaired the |
| 40 | ability to ascertain the identity of, or get support from, the |
| 41 | biological father. |
| 42 | (k) The past and current willingness and ability of the |
| 43 | child's mother to facilitate and encourage a close and |
| 44 | continuing parent-child relationship between the child and the |
| 45 | petitioner. |
| 46 | (l) The reasonable preference of the child, if the court |
| 47 | deems the child to be of sufficient intelligence, understanding, |
| 48 | and experience to express a preference under the circumstances. |
| 49 | (m) Any additional factors deemed by the court to be |
| 50 | relevant to its determination of the best interest of the child. |
| 51 | (4) Notwithstanding subsection (2), a court shall not set |
| 52 | aside the paternity determination or child support order if the |
| 53 | male engaged in the following conduct after learning that he is |
| 54 | not the biological father of the child: |
| 55 | (a) Married the mother of the child while known as the |
| 56 | putative father in accordance with s. 742.091, Florida Statutes, |
| 57 | and voluntarily assumed the parental obligation and duty to pay |
| 58 | child support; |
| 59 | (b) Acknowledged his paternity of the child in a sworn |
| 60 | statement; |
| 61 | (c) Consented to be named as the child's biological father |
| 62 | on the child's birth certificate; |
| 63 | (d) Voluntarily promised in writing to support the child |
| 64 | and was required to support the child based on that promise; |
| 65 | (e) Received and disregarded written notice from any state |
| 66 | agency or any court directing him to submit to scientific |
| 67 | testing; or |
| 68 | (f) Signed a voluntary acknowledgment of paternity as |
| 69 | provided in s. 742.10(4), Florida Statutes. |
| 70 | (5) In the event the petitioner fails to make the |
| 71 | requisite showing required by this section, the court shall deny |
| 72 | the petition. |
| 73 | (6) In the event relief is granted pursuant to this |
| 74 | section, relief shall be limited to the issues of prospective |
| 75 | child support payments and termination of parental rights, |
| 76 | custody, and visitation rights. The male's previous status as |
| 77 | father continues to be in existence until the order granting |
| 78 | relief is rendered. All previous lawful actions taken based on |
| 79 | reliance on that status are confirmed retroactively but not |
| 80 | prospectively. This section shall not be construed to create a |
| 81 | cause of action to recover child support that was previously |
| 82 | paid. |
| 83 | (7) The duty to pay child support and other legal |
| 84 | obligations for the child shall not be suspended while the |
| 85 | petition is pending except for good cause shown. However, the |
| 86 | court may order the child support to be held in the registry of |
| 87 | the court until final determination of paternity has been made. |
| 88 | (8)(a) In an action brought pursuant to this section, if |
| 89 | the scientific test results submitted in accordance with |
| 90 | paragraph (1)(b) are provided solely by the male ordered to pay |
| 91 | child support, the court on its own motion may, and on the |
| 92 | petition of any party shall, order the child and the male |
| 93 | ordered to pay child support to submit to applicable scientific |
| 94 | testing. The court shall provide that such scientific testing be |
| 95 | completed no more than 30 days after the court issues its order. |
| 96 | (b) If the male ordered to pay child support willfully |
| 97 | fails to submit to scientific testing or if the mother or legal |
| 98 | guardian or custodian of the child willfully fails to submit the |
| 99 | child for testing, the court shall issue an order determining |
| 100 | the relief on the petition against the party so failing to |
| 101 | submit to scientific testing. If a party shows good cause for |
| 102 | failing to submit to testing, such failure shall not be |
| 103 | considered willful. Nothing in this paragraph shall prevent the |
| 104 | child from reestablishing paternity under s. 742.10, Florida |
| 105 | Statutes. |
| 106 | (c) The party requesting applicable scientific testing |
| 107 | shall pay any fees charged for the testing. If the custodian of |
| 108 | the child is receiving services from an administrative agency in |
| 109 | its role as an agency providing enforcement of child support |
| 110 | orders, that agency shall pay the cost of the testing if it |
| 111 | requests the testing and may seek reimbursement for the fees |
| 112 | from the person against whom the court assesses the costs of the |
| 113 | action. |
| 114 | (9) If relief on a petition filed in accordance with this |
| 115 | section is granted, the clerk of the court shall, within 30 days |
| 116 | after final disposition, forward to the Office of Vital |
| 117 | Statistics of the Department of Health a certified copy of the |
| 118 | court order or a report of the proceedings upon a form to be |
| 119 | furnished by the department, together with sufficient |
| 120 | information to identify the original birth certificate and to |
| 121 | enable the department to prepare a new birth certificate. Upon |
| 122 | receipt of the certified copy or the report, the department |
| 123 | shall prepare and file a new birth certificate that deletes the |
| 124 | name of the male ordered to pay child support as the father of |
| 125 | the child. The certificate shall bear the same file number as |
| 126 | the original birth certificate. All other items not affected by |
| 127 | the order setting aside a determination of paternity shall be |
| 128 | copied as on the original certificate, including the date of |
| 129 | registration and filing. If the child was born in a state other |
| 130 | than Florida, the clerk shall send a copy of the report or |
| 131 | decree to the appropriate birth registration authority of the |
| 132 | state where the child was born. If the relief on a petition |
| 133 | filed in accordance with this section is granted and the mother |
| 134 | or legal guardian or custodian requests that the court change |
| 135 | the child's surname, the court may change the child's surname. |
| 136 | If the child is a minor, the court shall consider whether it is |
| 137 | in the child's best interests to grant the request to change the |
| 138 | child's surname. |
| 139 | (10) The rendition of an order granting a petition filed |
| 140 | pursuant to this section shall not affect the legitimacy of a |
| 141 | child born during a lawful marriage. |
| 142 | (11) If relief on a petition filed in accordance with this |
| 143 | section is not granted, the court shall assess the costs of the |
| 144 | action and attorney's fees against the petitioner. |
| 145 | (12) Nothing in this section precludes an individual from |
| 146 |
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| 147 | ======= T I T L E A M E N D M E N T ======= |
| 148 | Between lines 9 and 10, insert: |
| 149 | providing factors the court must consider in determining |
| 150 | the best interest of the child; requiring the court to |
| 151 | make certain findings; |