Florida Department of Revenue Ex Rel. L.M.M. v. A.M.

CRENSHAW, Judge.

The Department of Revenue appeals the dismissal of its amended petition brought on behalf of a mother to establish paternity and child support for a child conceived and born “while the mother was married to a man other than the child’s biological father. Because the trial court erred in dismissing the amended petition for failure to state a cause of action, we reverse.

In its amended petition the Department requested that the trial court adjudicate A.M. — the child’s suspected biological father — to be the father and obligate A.M. to pay child support. The amended petition…