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Unmarried Paternal Rights in Florida

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  • Unmarried Paternal Rights in Florida

    Recently, my son's girlfriend of 8 years left him for another man...(they have a 4year old daughter together). Currently, she (the mom) is being more than cooperative in sharing the child with my son. However, for almost 5 years of their relationship...SHE DID NOT WORK, whereby my son provided not only for his daughter but "Mom" as well. We reside in the state of Florida, and would like to take some legal steps to:
    A) establish joint custody
    B) agree on child support issues
    C) agree on who can claim the child at the end of the year (possibly Dad on even years, Mom on odd years)
    D) agree that both parties will make joint decisions in the welfare of the child
    E) agree that neither parent can relocate to another state (except for family visits) without the consent and/or knowledge of the other.
    F) should one or both parents become incarcerated for Any reason, joint custody automatically reverts to the other parent (...I can see this happening with the mother, who IS an alcoholic).
    G) The last name of the child is my son's name, will that be enough to prove paternity?

    Any answers to these questions would be greatly appreciated as time is of the essence. My son is emotionally exhausted and doesn't know where to begin. As Grandmother, I don't think I have much say in the process at all....Please help!

  • #2
    Re: Unmarried Paternal Rights in Florida

    I'm not seeing an actual question here.
    Some basics for unmarried fathers - you must first establish paternity. That can be straightforward or not. If mom is married to someone else, if someone else has been acting as dad, how old the child is - will all affect establishing paternity.

    Then once paternity is established you need to go to court in order to obtain parenting time as I believe Florida calls it. Without a court order mom is under no obligation to allow you to see the child.

    If you provide more info a better response can be provided.

    Comment


    • #3
      Re: Unmarried Paternal Rights in Florida

      I wish to inform you that your son may file a petition in the Court to establish paternity, child support and child custody. He may inform the Court of all the facts. The Court may order DNA testing to establish paternity. The Court always considers the best interests of the child. It will consider all the facts and decide the matter.

      AFF

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      • #4
        Re: Unmarried Paternal Rights in Florida

        Wouldn't his name on the birth certificate be enough to prove paternity? The child is 4 years old...and her mother is NOT remarried, she removed the child from a stable environment to an un-stable one. MY QUESTION is: How does he file a petition to the court?? Thank You!

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        • #5
          Re: Unmarried Paternal Rights in Florida

          His name on the birth certificate may be enough.

          My question about mom is whether she was married when she had this child.

          Florida courts have parenting time plans on the Internet. A good site is http://www.flcourts.org/gen_public/family/forms_rules/ as it also provides good basic info, links to resources and forms, and explanatory videos. It's a state site, I personally have nothing to do with it.

          Comment


          • #6
            Re: Unmarried Paternal Rights in Florida

            Originally posted by SadieT54 View Post
            Wouldn't his name on the birth certificate be enough to prove paternity? The child is 4 years old...and her mother is NOT remarried, she removed the child from a stable environment to an un-stable one. MY QUESTION is: How does he file a petition to the court?? Thank You!
            NO! The name on the birth certificate is not enough to prove paternity. Your son will have to file a petition for paternity and for the other rights he wants to have established.

            Florida Family Law Forms are online. I would check first there. DNA testing will be ordered by the court to conclusively determine paternity, then a custody, support and visitation order will be made.

            Working outside the home, by the way, is not a condition for a mother to have custody. Quite the contrary for a young child needs quite a bit of care, much of which only a mother can give. Even welfare does not require the mother of a pre school child to work. If the mother is willing and able to work, the father pays enough support to offset child care -- and that is an option, that is another story -- a choice the parents make.

            He can find a sample parenting plan online which covers many of the issues that can come up that need to be covered beforehand.

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