Father Banned from Seeing Son Due to Mother Being Married to Another Man?

A Florida law is keeping Christopher from seeing his son because the child’s mother was married to another man. His lawyer joins The Doctors to share more about his struggle to have access to his child.

Christopher was with the woman for 6 months, but she went back to her estranged husband just 4 weeks before she gave birth.

Attorney Rebekah Brown-Wiseman says, “The courts, unfortunately, see it very differently than the average person. In the courts, they are trying to use an old, outdated notion of protecting the child. They are trying to protect the child, so the child is not stigmatized in the court’s mind from being an illegitimate child. So what they are trying to do is keep the child of an intact marriage.”

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She furthers explains that the law, which is from 1993, does not give her client any rights as a parent to the child.

“So, if the mother and her husband object to the biological father basically being a parent to his own biological child, they’re going to allow it,” she explains, telling The Doctors that in the state of Florida these cases are difficult to resolve due to this archaic law.

Attorney Areva Martin says this law harkens back to “1950s mentality” and slams the idea for not acknowledging that families come in all shapes and sizes and do not simply consist of a man and woman raising the child.

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Rebekah tells The Doctors that she is making a constitutional argument under equal protection grounds on behalf of her client because she believes the law is sexist and unfair.

The case is now headed to an appellate court. We reached out to the mother’s lawyer for comment but did not hear back. The Doctors hope that the best interests of the child are taking into consideration when ruling on this case.