This Court may grant to Petitioner/Father temporary emergency custody of the minor child because Petitioner/Father has established the presumption that he is the legal father of the minor child, and a true emergency exists justifying the need for emergency custody. Paternity is conclusively established when both parties sign an acknowledgment of paternity and within sixty days, that acknowledgment is not rescinded by either party. Allison v. Medlock, 983 So. 2d 789 (Fla. 4th DCA 2008). Once the acknowledgment has been signed and the time period to rescind has passed, paternity is presumptively established. Id. Paternity may then only be disestablished where either party can establish fraud, duress, or material mistake of fact. Id.
In Allison, a father filed a petition to determine paternity and for related relief along with a verified emergency motion to grant temporary custody/visitation. Id. The father established that he was the father and entitled to temporary emergency custody to prevent removal of the child from the jurisdiction. Id. The mother then decided to contest paternity; however, the court held that once paternity was presumptively established the mother could not contest paternity without proof of fraud, duress, or mistake of fact. Id. The mother knowingly admitted paternity; therefore, paternity could not be disestablished. Id. The court granted the father’s request for emergency temporary custody.
Additionally, a court may grant temporary emergency custody of a minor child in certain circumstances. Smith v. Crider, 932 So. 2d 393 (Fla. 2d DCA 2006). These circumstances are situation in which there is a “true emergency.” Id. A true emergency is defined as a situation where there is a threat of harm to a child or in a case where a parent is attempting to abscond with a child. Id.
By Kenny Leigh