The trial court clearly erred when it focused solely on biology, rather than on the best interests of the child, when it overcame the presumption of legitimacy and removed father’s rights as legal father of child, during divorce proceeding; even though father was not child’s biological father, he, along with mother, signed a voluntary acknowledgment of paternity.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com