an award of attorney’s fees in paternity actions but make no reference to fees for an appeal. Neither statute limits attorney’s fees to a prevailing party and, thus, the provision in section 59.46, Florida Statutes (2008), interpreting statutes that award prevailing party attorney’s fees to include an award of appellate attorney’s fees does not apply in this case. My concern is that section 61.16, Florida Statutes (2008), would allow for an award of fees in this type of custody dispute if the child were legitimate. Statutes that do not provide rights and remedies to illegitimate children and their parents that are comparable to the rights and remedies given to legitimate children and their parents can violate Equal Protection. See Brown v. Dykes, 601 So.2d 568, 570 (Fla. 2d DCA 1992) (<HOLDING>). Under any level of scrutiny, it is not
holding that trial court did not abuse its discretion in ordering that father pay attorneys fees to mother as necessaries for the benefit of the children in paternity proceeding and citing statutory predecessor to section 151001 holding section 742031 unconstitutional to the extent that it prohibited attorneys fees to a father in a paternity action holding that although a putative father had standing to bring a paternity action the action could not proceed and the blood tests could not be ordered unless the trial court determined that the paternity action would serve the best interest of the child holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries holding that alleged biological father who sought to establish paternity waived constitutional error though it was undisputed that father had received no notice or hearing on prior paternity adjudication that created bar