Legal Question in Family Law in Florida
5 children
To make a long story fill in this box and to lead directly to my question... my boyfriend was an idiot and prior to meeting me, had a 7 year relationship with a married woman that yielded 5 children. He's been excluded in all aspects of their lives, the husband is even on birth cert.'s, but he's had DNA tests done. She filed for child support, but we have not seen a summons. Can a default judgement take place if he doesn't recieve a summons? Also, she is now claiming she wants him to sign a denial of paternity so that her new husband can adopt them. If this is true, does my boyfriend need to sign anything if he's never legally acknowledged paternity? She's claiming he has to sign a denial of paternity. Why would he have to do this if he's never been established as their the father? Wouldn't she have to terminate his rights? There's a court case with their names on it that says to be disposed by hearing, with an October date. Does he have to show if he's never recieved anything from the court? I think she says one thing and means another. I'm a little confused on what to do. Help pls.
2 Answers from Attorneys
Re: 5 children
Hello: I read your questions, but it would take a while to explain all aspects of the law on these issues. Additionally, I would need to know more facts to be able to render a legal opinion.
You should obtain a family law atty. in the county where she resides. As to your question re: a summons, he does have to be served with a summons and allowed to respond before she can get court orders. However, if a Petitioner does not know where an adverse party resides, the law says the Petitioner has to first make a good faith effort to find the other party then they have to publish Notice of the law suit in a local business paper in her county. After 4 weeks, the Petritioner can move for a default judgment. You can continuously check the Official records with the Clerk of Court in her county (perhaps even on-line) to see if she has filed anything. You would be wise to make sure she has your address so she can't just publish Notice and allege she can't find him.
'Hope this helps. If my office can be of any assistance in North Fla., please give us a call. Tom Rosenblum
Re: 5 children
There could be many things going on from what you have described. The children were born during a marriage so there is already a legal presumption that the children are of that marriage. There seems to be no formal parent-child relationship yet established between your boyfriend and the children. I am a board certified specialist in the field of family law, and am familiar with issues such as those presented in your case. If you would like to discuss this matter further, please contact me.
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