Parker v. Parker

916 So. 2d 926 (2005)

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Parker v. Parker

Florida District Court of Appeal
916 So. 2d 926 (2005)

Facts

Richard Parker (plaintiff) and Margaret Parker (defendant) married in 1996, and Margaret gave birth to a child in 1998. Margaret always acted as if Richard were her child’s father, and Richard had no reason to doubt his paternity. The parties later entered into divorce proceedings, and Margaret represented Richard as the father of her child. On December 5, 2001, when the child was three and a half years old, the parties entered into a marital settlement agreement requiring Richard to pay child support. The final judgment of dissolution incorporated the agreement and became the order of the court on December 7, 2001. On March 28, 2003, Margaret filed a petition for contempt against Richard, alleging that he owed child support. Richard promptly had the child’s DNA tested and discovered that he was not the child’s biological father. Just after the child’s fifth birthday in 2003, Richard filed an action against Margaret and petitioned for relief based on fraud, alleging that Margaret deliberately misrepresented that Richard was the child’s father with the purpose of collecting child support from him. The trial court dismissed Robert’s petition.

Rule of Law

Issue

Holding and Reasoning (Taylor, J.)

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