Legal Question in Family Law in Florida
I have a 3 month old infant, with whom the father was a 2 week fling. He was not involved in the pregnancy or birth process, and my son was given my surname on birth certificate.
At one month old, the father called to ask about baby.
I have allowed him to visit frequently, and the state is pursuing child support through DCF for me to maintain my Medicaid benefits.
The father is now demanding visitation at whim, threatening to sue to change surname and refuses to pay support until paternity is legally established by DCF.
I would like to know what my rights are as the primary parent, can he force a name change? Do I have to allow him visitation at his demand with no notice? I am all for a set visitation schedule with flexibility as needed, I am interested in the best for my son.
Please let me know what I can do. He demands visitation whenever and demands his last name, but requires a paternity test to help financially.
4 Answers from Attorneys
Since you have allowed DCF to become involved, file a Petition for Child Support, Custody and Visitation. If he denies this child, the court will order a Paternity test, you both will be responsible for the cost unless you prove indigency status.
You are correct in that visitation should not be at his whim. It needs to be scheduled, which is what a judge will order if he files a paternity suit. You are being very reasonable in allowing scheduled visitation, especially given that he hasn't even filed a paternity suit. If and when a paternity suit is filed, the two of you will be given an opportunity to decide on a last name (maybe a hyphenated last name?). If you can't decide, the judge will decide on a last name. Under the DCF case, he will be ordered to pay back support for all the payments he is now missing.
He can't visit at a whim. He does have visitatiuon rights and rights to bring up the child. You will need to file for support and the court will set a visitation schedule. He can't change the last name.
As far as the paternity determination, it really depends on where DCF is in the process of administratively determining paternity. There are several ways that DCF can have paternity adjudicated. If DCF has made the determination then he can file a seperate action to disestablish paternity. Regardless, if he has been determined to be the father of the child then he has all of the rights and obligations of any other father. You and he would normally have shared parental responsibility and you and he should work together to establish whats called a parenting plan for visitation. If you and the father are unable to accomplish that, then the courts will formulate a plan. The standard, used by the courts, in ALL issues dealing with your child or children wil be a determination as to "the best interest of the child".
I hope this helps, good luck.
Daniel H. Crowe Esq.
Chamberlin Patrick PA
813-374-2216
3001 Rocky Point Drive East, Suite 200
Tampa, Florida 33607
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