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Live in FL, Unwed. No custody or ct agreement. Moving to Germany.

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  • Live in FL, Unwed. No custody or ct agreement. Moving to Germany.

    Live in Florida. Have a child out of wedlock. No paternity test or court order legally identifying father even though he signed birth certificate. Very emotionally abusive, sometimes physically as well. Also my son's father has alcohol and drug problem. I am about to marry a military man and he just received orders to Germany. Do I have to give any notification at all to my sons dad? He is a horrible role model and has nothing to offer my son. PLEASE HELP I have looked at fl statutes and what I'm gathering is I have sole custody since there is nothing through court and no paternity established. I just want a better life for my son so he can achieve his full potential and not learn all these bad things and not taken care of properly because he dad cant sober up. My son is 3 and I refuse to let him visit with his dad because when I did he was not taken care of and was taught hateful words and mean behavior by his so called "father" please help!! This is an out of COUNTRY move are the laws different than if it were just different states?!?

  • #2
    Re: live in fl. unwed. no custody or ct agrmnt moving to Germany am I req to notify f

    I wish to inform you that it is stated in Section 742.10 it is stated that acknowledgement of paternity must be signed by father. If father had signed such a document then paternity has been established and hence father can have his rights and you may not take child abroad. If no such affidavit was given then you may take child abroad. Generally if name of father is mentioned on birth certificate then you may verify whether affidavit of acknowledgement was given or not. If you are unable to determine then you may take court order allowing you to take child abroad.

    AFF

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    • #3
      Re: live in fl. unwed. no custody or ct agrmnt moving to Germany am I req to notify f

      Thank you for the info! Would you happen to know who I would contact to verify if there was an affidavit as I had complications during delivery and was medicated pretty heavily so I'm not sure if there was one signed or not?

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      • #4
        Re: live in fl. unwed. no custody or ct agrmnt moving to Germany am I req to notify f

        The signing of the birth certificate is an acknowledgement of paternity that creates a rebuttable presumption that the man is the father of the child. That single act of signing the birth certificate gives the putative father all of the responsibilities of parenthood, including child support but doesn’t have rights of parenthood like child custody and visitation rights until it is established through Court procedures. By virtue of Florida Statutes, if the mother is not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the person to be named as the father. You can legally move as long as no Court Order has been established with regard to custody/residence of the child.

        It is better advised that you may consult with an appropriate Attorney who can give a proper guidance in this regard.

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        • #5
          Re: live in fl. unwed. no custody or ct agrmnt moving to Germany am I req to notify f

          Originally posted by betterlifeahead View Post
          Thank you for the info! Would you happen to know who I would contact to verify if there was an affidavit as I had complications during delivery and was medicated pretty heavily so I'm not sure if there was one signed or not?
          The first place I would check is the hospital records, then the birth certificate for it would show that he acknowledged paternity.

          What you can do is file a petition with the court to move the child to Germany with your new spouse. And have the bio dad served with notice in your petition as "putative father." That way he can oppose the petition and present whatever proof he may have of paternity. If it is not conclusive, then DNA testing will be ordered by the court.

          When there is a new marriage and the new spouse's employment is elsewhere, the court's usually approve the wife and child moving to be with the spouse. Preservation of the family is first priority in such cases.

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