The Fifth Circuit Court of Appeals for Florida upheld a paternity action which granted majority timesharing for a Flagler County dad due to a culmination of factors relating to the mother of the child’s behavior.
The Petitioner, Rachell Neuman, and Respondent, James Harper, conceived a child and lived together for a number of months prior to the birth of their child, P.N. During the pregnancy, the Petitioner repeatedly locked the Respondent out of the home and ultimately filed a domestic violence injunction for protection against the Respondent. Due to the injunction, the Respondent was unable to witness the birth of his child.
In addition, the Petitioner refused to acknowledge that the Respondent was the father of the child and for a period of eighteen months, refused to allow the Respondent to have any DNA testing done on the child, or to have any contact with the child.
When the Petitioner finally consented to the DNA testing of the child, the Petitioner took her nephew to the DNA testing facility instead of P.N. Following that test, the Respondent filed for a subsequent DNA test. At the second test, the Petitioner brought two children and eventually the correct child was identified and then tested. The second DNA test confirmed that the Respondent was indeed the father of P.N.
Eventually the Respondent hired a private investigator that discovered that the Petitioner smoked around P.N. (despite the child’s respiratory issues); was maintaining a residence with six animals in a small trailer; and had left her child wandering around in stores by himself on occasion.
The trial court determined that it would be in the best interest of the child to be in the primary custody of the Respondent. The Petitioner appealed the decision of the trial court. The Appellate Court upheld the timesharing decree by reasoning that under section 61.13(3) of the Florida Statutes, a trial court considers a multitude of factors in determining a timesharing arrangement. In this case, the Appellate Court found that the various factors relating to the Petitioner’s care for the child and disregard for the Respondent’s attempts to have a relationship with the child were sufficient for the trial court to determine that it was in the best interests of the child for the Respondent to be granted majority timesharing.
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