Eldridge v. Eldridge

16 So. 2d 163 (Fla. 1944) · Supreme Court of Florida · January 4, 1944

Summary

The court considered whether a husband could rebut the presumption that a child born during the marriage was legitimate. It held that conception before marriage did not weaken the presumption and affirmed the judgment because the evidence did not clearly overcome it.

Holdings

  1. A husband and reputed father may challenge the parentage of a child born in wedlock, but he must overcome the strong rebuttable presumption of legitimacy.
  2. The presumption of legitimacy is not weakened merely because the child was conceived before the marriage.
  3. The husband need not prove nonpaternity beyond a reasonable doubt, but his evidence must be clear and satisfactory and must do more than create suspicion or grave doubt.
  4. The evidence did not establish that the chancellor erred in rejecting the husband's paternity challenge.

Questions Presented

  1. Whether the husband proved that a child born during the marriage was illegitimate.
  2. Whether the presumption of legitimacy is weakened when a child is conceived before marriage but born in wedlock.
  3. Whether the evidence was sufficient to overcome the presumption of legitimacy under the applicable clear-and-satisfactory-evidence standard.

Disposition

affirmed

Cases Cited (16)

  • Gossett v. Ullendorff, 114 Fla. 159, 154 So. 177(followed)
  • Anon v. Anon, 22 Beav. 481, 23 Beav. 273 (1856)(historical)
  • The Poulett Peerage, A.C. 395 (1903)(historical)
  • Hargrave v. Hargrave, 9 Beav. 552, 50 English Reprint 458(historical)
  • Lay v. Fuller, 178 Fla. 375, 59 So. 609(followed)
  • Powell v. State ex rel. Fowler, 84 Ohio St. 165, N.E. 660, 36 L.R.A. (N.S.) 255(followed)
  • Wright v. Hicks, 15 Ga. 160, 60 Am. Dec. 687(contrary authority)
  • Re McDermott, 125 Neb. 179, 249 N.W. 555(contrary authority)
  • Zachmann v. Zachmann, 201 Ill. 380, 66 N.E. 256, 94 Am. St. Rep. 180(followed)
  • Wallace v. Wallace, 137 Iowa 37, 114 N.W. 527, 14 L.R.A. (N.S.) 544, 126 Am. St. Rep. 253, 15 Ann. Cas. 761(followed)

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