Father back after 3 years!

[judsayles]

What is the name of your state?What is the name of your state? Florida
My daughter had a child 3 years ago in the state of California. The father forgoes his rights (to avoid $ he did not have at the time). His parents also forgoes the rights. Noting on paper. We even requested he get a DNA test to prove he's the father, just to have it on file, and possible file for child support if needed. But he would not do that either and his parents did not want him too. His name is not on the childs birth cert. Well, he has tracked my daughter down, she lives with us in Florida. We left right after the baby was born, because of other family reason, she chose to move as well, since she needed our help to raise her son. It has not been easy! But we have been blessed. Now he calls and wants to know about his son and photo's etc. We have told him he still needs a parturnity test first to document he is the father and then go from there, he refuses to do that. I think he just wants to be apart of his life but now on paper. What are our options at this point?

 

[Zephyr]

mom is not required to have any contact, or provide dad contact with child until court ordered to do so, dad would have to petition the court and the first thing they will want???? paternity so until he figures out if he wants all or nothing, mom doesn't have to do anything

 

[gatorguy3]

That is bad advise...rather, terrible advice...

In the absence of an order, if he is the father...then she is witholding custody and there are statutes in florida that warn against that.

The only thing that might save her is that he is not on the birth certificate nor has a dna test been done. However, because she acknowledges he is the father then that shows malice on her part. He could win with the right attorney.

 

[stealth2]

Absent a determination of paternity, she's in violation of nothing. Absent a court order for visitation, she's also in violation of nothing. Dad is the one who needs to make the next move.

 

[Zephyr]

he has continually denied the child and refused testing, kind of hard to argue that he is the "caring daddy who has been longing for a relationship with his child and the big bad mommy wouldn't let him"

the father is also a complete and utter stranger to the child, why should mom, given the history force her child to being around someone who has never wanted to be around him

 

[tigger22472]

That is bad advise...rather, terrible advice...

In the absence of an order, if he is the father...then she is witholding custody and there are statutes in florida that warn against that.

The only thing that might save her is that he is not on the birth certificate nor has a dna test been done. However, because she acknowledges he is the father then that shows malice on her part. He could win with the right attorney.

I'm sorry but that is incorrect. The OP has already stated the father refused to have paternity established and without a court order whether she knows the father is the father or not isn't revelent. The advice given was correct that absent a court order mother does not have to allow contact with father legally.

 

[Zephyr]

gator i realize that a guy may take offense at the opinion i posted, that is not necessarily the opinion i would post had the father shown an interest, this guy is slime, not all guys, sorry for any offense

 

[gatorguy3]

787.03 Interference with custody.--

(2) In the absence of a court order determining rights to custody or visitation with any child 17 years of age or under or with any incompetent person, any parent of the child or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of such child or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that child or incompetent person within or without the state, with malicious intent to deprive another person of his or her right to custody of the child or incompetent person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A subsequently obtained court order for custody or visitation does not affect application of this section.

(4) It is a defense that:

(a) The defendant reasonably believes that his or her action was necessary to preserve the child or the incompetent person from danger to his or her welfare.

(b) In order to gain the exemption conferred by paragraph (a), a person who takes a child pursuant to this subsection must:

1. Within 10 days after taking the child, make a report to the sheriff's office or state attorney's office for the county in which the child resided at the time he or she was taken, which report must include the name of the person taking the child, the current address and telephone number of the person and child, and the reasons the child was taken.

2. Within a reasonable time after taking the child, commence a custody proceeding that is consistent with the federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or the Uniform Child Custody Jurisdiction and Enforcement Act, ss. 61.501-61.542.

3. Inform the sheriff's office or state attorney's office for the county in which the child resided at the time he or she was taken of any change of address or telephone number of the person and child.


And so on and so forth.

Fact #1

We even requested he get a DNA test to prove he's the father, just to have it on file, and possible file for child support if needed.

Now, by this statement I see dad as not being all that ignorant. Maybe he is taking the advice of an attorney. We do not know that nor does the OP or the family. I also see this as an attempt to control the father. "file for support if needed". That is control.

The OP can say all he/she wants that the move to Florida was for family reasons but, the fact is the truth is probably that they moved to hide from the father. Thinking he would not find them.

 

[Zephyr]

had he taken the paternity test, established his rights, and had a court order for visitation, and a child support order, it would have been a heck of a lot harder to "hide the baby" or even move away, or limit contact, this is all on dad this time

 

[Zephyr]

and the law that you posted is all well and good for people with rights, he chose to forgo his rights, he does not currently have a right to that child, mom has done nothing wrong

 

[gatorguy3]

by refusing to take a dna test he has not "forgone his rights". Takes alot more than that do give up your rights to something.

I mean, even if he said "I am giving up my rights to the child" and that was that, that is "hearsay" and would mean nothing in court. It was not a binding contract and there was not a signature involved...even if someone could give up their rights to a child like that.

 

[Zephyr]

gator, I'm going to go out on a limb here and guess that your own situation has a lot to do with your opinions regarding this situation, but until such time as dad establishes rights to the child he has none, willingly

end of discussion, can't be explained away, just the way it is

 

[amiegaines654]

by refusing to take a dna test he has not "forgone his rights". Takes alot more than that do give up your rights to something.

I mean, even if he said "I am giving up my rights to the child" and that was that, that is "hearsay" and would mean nothing in court. It was not a binding contract and there was not a signature involved...even if someone could give up their rights to a child like that.

Ok, but his paternity has not been established. Just because he says he is the father, means squat. She did not put his name on the birth certificate, and he has not had a DNA test. Why would she get in trouble for not letting her child go with a man that is not the confirmed dad???

 

[tigger22472]

by refusing to take a dna test he has not "forgone his rights". Takes alot more than that do give up your rights to something.

You're right because he has no Rights!

787.03 Interference with custody.--

(2) In the absence of a court order determining rights to custody or visitation with any child 17 years of age or under or with any incompetent person, any parent of the child or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of such child or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that child or incompetent person within or without the state, with malicious intent to deprive another person of his or her right to custody of the child or incompetent person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

She's not denying his right to custody of the child... he has EVERY right to try and file! And there is not an interference. Until which time he is deemed to be the father (and there is no proof right now) mom is within her legal rights!

 

[LdiJ]

That is bad advise...rather, terrible advice...

In the absence of an order, if he is the father...then she is witholding custody and there are statutes in florida that warn against that.

The only thing that might save her is that he is not on the birth certificate nor has a dna test been done. However, because she acknowledges he is the father then that shows malice on her part. He could win with the right attorney.

Uh...yes, with an attorney he would win visitation. However, in order to win visitation (even with an attorney) he has to do a paternity test. Until he does that he is a legal stranger to the child.

Therefore it was NOT bad advice. She is not required to do anything until paternity is established. She would not be withholding custody/visitation because he is NOT legally the father at this point.