Legal Question in Family Law in Florida
ive got a 10 daughter who until her death lived with her mother in va. when her mother passed i went to va & got emergency custody & returned here to fla. once i got back i then applied for full custody & was granted sole/full custody. her mothers people in va are fighting me for custody ive made 4 trips & scheduled for 1 more. they recently sent a court order for a dna test. my question is that routine? im not disputing paturnity & i have been on the birth certificate since birth & im on disability so for 10 yrs she's recieved a check & what if i dont respond to the court ordered dna test or if i dont go to va for court since i already have a custody order in place in polk co. fl who will the authorities recongize as having custody & wil they be able to come & remove her from my home with a order of custody from va
3 Answers from Attorneys
It sounds like you have a complex jurisdictional question where Florida has granted you custody and where Virginia is questioning whether you are the biological father. Under the law of all states, if the other parent dies and you are the father, you get sole custody, but it sounds like you need a lawyer. Refusing the DNA test may be a bad idea.
You really need an attorney. DNA testing is not customary. Your nightmare is the grandparents who do not care what they spend protecting their granddaughter from the monster in Florida who will not let them have "their" granddaughter. You should take the test but consult with attorney ASAP.
You are the father you will winn however you have to deal with the VA court case so get a lawyer for VA and for FL. Contact my office for free consultation 727-446-7659
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