Legal Question in Family Law in Florida

anullment - legitimacy of child

My son is divorced with a minor child. He has recently become engaged and wants to be married in the catholic church but was told his first marriage must be anulled by the state. What will this do to the legitimacy of the child and custody issues?


Asked on 3/08/07, 11:59 pm

1 Answer from Attorneys

Joel Bello Joel Bello, P.A.

Re: anullment - legitimacy of child

A child born to or conceived by married parents is presumed to be legitimate and the child of the Husband and Wife. This presumption of legitimacy protects the child's interest and welfare. This presumption is not affected by the dissolution or annulment of the parent's marriage or by the father's death, if these events occur after conception. This presumption is however rebuttable under certain circumstances.

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Answered on 3/09/07, 9:39 am


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