Author: case-master

In Re Paternity of ARR

Legislature, in enacting §767.863(1m), did not intend to allow parties to circumvent a court’s authority to dismiss paternity actions at the initial stage of the proceeding based on the child’s best interest by obtaining genetic testing without court approval.

Stuart v. Stuart

In light of a party’s right to maintain a tort action against a spouse and the inadequacies of the divorce forum to fully address such a claim, it would be contrary to public policy to require a party to join a tort claim in a divorce action. Public policy mandates that a party be permitted to commence a tort action subsequent to a divorce judgment.