underage mom w/no formal custody order

[moburkes]

Ummm...I think she was the sperm bank.

Ewwwwwwwwwww. Thanks for the visual. NOT!

 

[Gracie3787]

In our state overnight visitation doesn't normally start until the child is at least 2 years old.

As others have said, that is NOT true for Florida. Overnight visitations can be ordered beginning at the child's birth.

Because the father is the legal father, he has the legal right to pick his child up at daycare.
Since there isn't a specific visitation order he really isn't under any LEGAL obligation to notify the mother (although in my opinion, he has a moral obligation to do so). The flip side is that your daughter isn't under any legal obligation to allow visits. It's really a bad situation all the way around, and the only way to fix it is for your daughter to file a petition for a visitation order. She can file pro-se, she can find the forms and other info at
www.flcourts.org and the statutes at www.flsenate.gov/STATUTES in chapter 61.

 

[gabycielo]

I have to say this website is entirely different then I thought. I didn't ask the questions to be some kind of entertainment for a few people-some are just vulgar. To those who gave me an answer pertaining to my questions thanks. To the others-well I guess I got what I paid for-which of course was nothing.

 

[Gracie3787]

FL has forms online - perhaps Gracie will post the links for you. She's rather saintly that way.

Thanks for the compliment. Yesterday I thought I was going to end up "living" up with the saints. I went to TN to visit my sister with my parents, we were on our way home yesterday. Everything was fine, Dad was driving, Mom was resting in the front seat and I was kinda lounging in the back seat working a crossword puzzle. Dad was driving about 90 MPH on I-75 in the far left lane.( at 75 years old, he's a speed demon) We had just gotten through Atlanta and the right front tire exploded. It tore up the front end of the car, but with God's help Dad was able to keep the car under control and make it across 3 lanes of very heavy traffic. To say the least, we were scared but very thankful we were'nt killed.

 

[Just Blue]

I have to say this website is entirely different then I thought. I didn't ask the questions to be some kind of entertainment for a few people-some are just vulgar. To those who gave me an answer pertaining to my questions thanks. To the others-well I guess I got what I paid for-which of course was nothing.

There was only one vulgar post, the rest of the member gave you excellent advice. If you can't see that you are stupid.

 

[moburkes]

The father should be listed on the form to save the day care from defending themselves in a lawsuit.

I'm not sure why the father and his mother are being irresponsible. I haven't figured that one out yet.

There is no reason why the father shouldn't be able to have HIS CHILD overnight. I, personally, think that its absolutely ridiculous to wait until the child is 2 to start visitations.

Breastfeeding is NOT a legal for refusing overnight visits. As was stated, if the child can go to daycare, then the child can go to his FATHER'S house. Are you and your daughter irresponsible enough to say that its okay for the child to be in the care of strangers for several hours each day but not in the care of his father? What does mom do for breastfeeding when the child is in daycare?

Is that summary good for ya? Get an attorney (or not) and get visitation straightened out. There is no earthly reason why it is okay to take money from dad to help raise his child, but deny him the right to bond with his child.

 

[Ohiogal]

ok-I understand we need to get everything established through the court as soon as possible. Through court orders I have sole custody of my son with no visitation established (meaning the father didn't bother to set anything up). The daycare requires to have the court papers on record & since I have sole custody w/o the visitation being established-the father would have to be on the list of people authorized to pick him up or they wouldn't let him go with the father. If visitation was established he could pick him up on the days he had visitation. It seems my daughter's case is basically the same if she indeed has sole custody

Wrong! The day care has NO authority to enforce a court order. The daycare is NOT allowed to prohibit a legal parent from picking up a child UNLESS there is a restraining order prohibiting said parent from picking up said child.

 

[fae77]

What is the name of your state? Florida

My daughter is an underage mother of a 1 yr old. What is the default for custody when the two parents have never lived together and there's no formal court order establishing custody? Does my daughter automatically have sole custody or is it shared custody? The father says he has a right to pick up the baby from daycare without my daughter's consent or knowledge because he is the baby's father. (He is not on the list of people who are authorized to pick her up).

I am not an attorney, but I was 17 when I had my first child, and I remember how hard it was. God bless and keep your daughter and grandbaby!

 

[Ohiogal]

No that's just it-the only thing I have different from my daughter is establishing I have sole custody. My court papers just state that visitation isn't established. It may just be this particular daycare's policy about the restictions on pick up. So I'm to understand even with my daughter having sole custody that the father can pick up the baby and we have no legal standing against it until there are court orders in place for custody and visitation. So
why would it even be called sole custody if that is the case-wouldn't it be shared custody?
I guess I'm wondering what sole custody is-I mean I read what the definition of it is, but in this case does it even serve any purpose?

Sole custody is where a court detemines that mom has the legal right to make all decisions regarding the child without imput from dad. Oh and even with sole custody the daycare does NOT have authority to enforce ANY court papers unless it is a restraining order PROHIBITING dad from picking up the child.

 

[Ohiogal]

I'm the grandmother, but since my daughter is underage, anything that has to be done legally, I have to do until she's 18. I was just trying to get some advice. I'm not mixing up my story, I'm saying what I know from my experience and asking if it would pertain to my daughter because it seemed that it would. Obviously, we'll be talking with a lawyer very soon.

WRONG! You have NO rights to file for custody or anything else of your DAUGHTER's CHILD! That is up to her to do. She is the parent. She has the rights.

 

[Ohiogal]

I'm not sure that's correct. While you do legal stuff wrt your daughter, SHE does the legal stuff wrt her child. I doin't think you get to do it on her behalf. But I could be wrong.

It is NOT correct. You are correct Stealth!

 

[Ohiogal]

I have to say this website is entirely different then I thought. I didn't ask the questions to be some kind of entertainment for a few people-some are just vulgar. To those who gave me an answer pertaining to my questions thanks. To the others-well I guess I got what I paid for-which of course was nothing.

Who was using you as entertainment or to be vulgar? Okay the sperm bank comment but you know what -- your daughter entered an adult arena when she became a mother. She does NOT have the right to deny the man she CHOSE as father the right to be a father.

 

[stealth2]

It is NOT correct. You are correct Stealth!

I know. I was trying to be humble.