A Treasure Coast man wants to be recognized as the father of his 3-year-old biological son, but the child's mother and her husband don't want that and a Florida law is on their side. It's an unusual paternity battle taking place in St. Lucie County.
The judge has to decide whether it's in the child's best interest that his biological father takes a DNA test and be declared the child's legal father.
Right now Florida law states that if a child is born into a marriage, it belongs to that marriage. That means the mother's husband has all paternal rights of that child even if he's not the biological father.
It's been more than a year since John Karpinski filed a petition to be recognized as his son's biological father.
"It's difficult. Very difficult," said Karpinski.
He went to court, hoping to convince a judge that it's in his 3-year-old son's best interest that he be recognized as his father and be part of his life.
"This law wasn't created for a situation where this child could be loved by not only his bio dad but by his mother and her husband who is his stepfather," said Karpinski's attorney Shaun Plymale.
Karpinski claims he and the boy's mother were in a 5-year relationship and while she was separated from her husband, they had a child.
"I was with my son for the first 18 months," said Karpinski.
But when Karpinski and the child's mother separated, any right he thought he had was gone too. The boy's mother's attorney says the mom wants to raise her son with her husband as his only father, the way Florida intended.
"The law is very clear. This child knows one father," said Bruce Baillie, the boy's mother's attorney.
Karpinski believes there's room for his son to have two dads.
"All that matters is for my son to get to come home and grow up with his brothers and the rest of his family. He can be loved by everybody. It doesn't need to go this way," said Karpinski.
The court appointed a guardian ad litem who makes a recommendation on what's in the child's best interest and the judge will take that into consideration when he makes a decision. She told the judge she observed the boy's strong bond with his legal father, the mother's husband.
"The child wanted to be around Mr. Grecco. He screamed da da, he asked Mr. Grecco to sit on the bed with him while he showed me his Legos," said court-appointed guardian ad litem Jennifer Waters.
Waters' testimony gave Karpinski a glimpse of what his 3-year-old son's life has been like while he's been fighting through the courts for paternal rights.
"He has a whole litany of toys on the side of the bathtub. He's an exuberant and energetic child," she said.
"At least I know he's well taken care of at the moment," said Karpinski after the hearing. "He's been there with them while they've kept him away from me so I'm not part of his life, not by choice."
Waters told the judge she would not recommend interrupting the child's current intact family.
"We’re here today because what has been pled in Mr. Karpinski’s petition is not the reality of this case. This child has no idea who he is," said Ballie.
The court-appointed guardian also told the judge she hoped the families would come to an agreement on their own. The judge still has to hear testimony from other witnesses before he decides whether or not it's in the child's best interest for a paternity test to be issued to establish rights for Mr. Karpinski.
