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  1. #1
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    Sep 2018
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    Default Indispensable Party vs. Interested Party

    My question involves paternity law for the State of: Florida. Are indispensable party and interested party synonymous in terms being named in a petition to establish paternity? The punitive father served my husband and I separate petitions for paternity two years after child's birth citing Kendrick's... My husband has taken care of the child from pregnancy forward

  2. #2
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    Oct 2006
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    Default Re: Indispensable Party vs Interested Party

    Quote Quoting Alafam
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    My question involves paternity law for the State of: Florida. Are indispensable party and interested party synonymous in terms being named in a petition to establish paternity? The punitive father served my husband and I separate petitions for paternity two years after child's birth citing Kendrick's... My husband has taken care of the child from pregnancy forward
    I have never heard of "indispensable party" being used in this context. Are you sure you have the wording accurately?

  3. #3
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    Jun 2017
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    Default Re: Indispensable Party vs Interested Party

    They are not synonymous. “Interested person” means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. An indispensable party is one whose interest in the controversy makes it impossible to completely adjudicate the matter without affecting either that party's interest or the interests of another party in the action. In a paternity action where the mother is married, the husband is an indispensable party as under the law, he is the legal father unless a court determines otherwise. Florida Department of Revenue vs. Cummings (2006) 930 So. 2d 604.

  4. #4
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    Default Re: Indispensable Party vs Interested Party

    Quote Quoting LegalWriter
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    They are not synonymous. “Interested person” means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. An indispensable party is one whose interest in the controversy makes it impossible to completely adjudicate the matter without affecting either that party's interest or the interests of another party in the action. In a paternity action where the mother is married, the husband is an indispensable party as under the law, he is the legal father unless a court determines otherwise. Florida Department of Revenue vs. Cummings (2006) 930 So. 2d 604.
    Thank you. Its always good to learn something new.

  5. #5
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    Sep 2018
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    Default Re: Indispensable Party vs Interested Party

    Thank you for the explanation! So a motion to dismiss for failure to name indispensable party is an option? We are already motioning for failure to state a claim as paternity has already been established as a matter of law

  6. #6
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    Default Re: Indispensable Party vs Interested Party

    Quote Quoting Alafam
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    Thank you for the explanation! So a motion to dismiss for failure to name indispensable party is an option? We are already motioning for failure to state a claim as paternity has already been established as a matter of law
    Both you and your husband were served, so your husband was named.

  7. #7
    Join Date
    Jan 2006
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    38,714

    Default Re: Indispensable Party vs Interested Party

    Quote Quoting Alafam
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    Thank you for the explanation! So a motion to dismiss for failure to name indispensable party is an option? We are already motioning for failure to state a claim as paternity has already been established as a matter of law
    Yet you say your husband has been issued a summons.

    As to the issue do paternity being established as a matter of law: are,you referring to the fact you were married at the time the child was born?

  8. #8
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    Sep 2018
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    7

    Default Re: Indispensable Party vs Interested Party

    Yes, also my husband and I were served seperately on the same day...he is listed as an interested party on my summons.

    To add on the paternity being established as a matter of law- my husband is the primary caregiver as Im a full time student (hes retired militray) and he has provided all forms of support since prior to birth, including insurance and such. Its my understanding that there is no standing considering there is no "continuing and substantial concern for the welfare of the child" on the putative fathers part.

  9. #9
    Join Date
    Jan 2006
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    38,714

    Default Re: Indispensable Party vs Interested Party

    Quote Quoting Alafam
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    Yes, also my husband and I were served seperately on the same day...he is listed as an interested party on my summons.

    To add on the paternity being established as a matter of law- my husband is the primary caregiver as Im a full time student (hes retired militray) and he has provided all forms of support since prior to birth, including insurance and such. Its my understanding that there is no standing considering there is no "continuing and substantial concern for the welfare of the child" on the putative fathers part.
    the point is your husband was served so all interested and indespemsible parties have been provided notice


    Being a primary caregiver is not a requirement or basis for determining paternity.

    You are incorrect about the “no comtiuing and substantial anything”. Since he is currently not considered the legal father, he has no obligation to support the child. The continued support matter is important if one is attempting to sever a current standing of legal parent.

  10. #10
    Join Date
    Sep 2018
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    7

    Default Re: Indispensable Party vs Interested Party

    Allow me to clarify: it is the petitioners claim that HE has manifested a substantial and contiuning concern for the minor child's welfare. My husband ans I maintain that that claim to be false

    The petitioner states that direct quote as his claim

    It was our undestanding that the legal father could refuse this action due to presumptive paternity

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