Legal Question in Family Law in Florida

My baby's father is going to try and take me to court to get custody of the baby on the weekends. My baby is about to be 3 months old. He only saw the baby once when he was born and hasn't come to see him or ask about him in 2 months. He is not on the birth certificate and the baby has my last name as he was never there throughout the pregnancy . He just came out of the blue after all this time to ask about the baby. Does he have a good shot at getting custody?


Asked on 12/14/13, 12:55 pm

4 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Unless dad is a true endangerment to the child, you should encourage him to have a relationship with the child. He will likely get at least alternating weekend visitation. Put him on child support. If you try to keep him from the child, then you run the risk the Court will award him even more time-sharing.

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Answered on 12/14/13, 1:13 pm
David Slater David P. Slater, Esq.

Florida uses the terms " time sharing" and "main residence". Try to work visitation out with child support.

As father, he should be on the birth certificate.

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Answered on 12/14/13, 2:10 pm
Robert McCall Law Office of Robert McCall

Before the court addresses time sharing he must establish paternity, do not waive that as once paternity is established he must pay Florida Guideline Child Support. After they are established the court will establish Time Sharing. Amazing how many Fathers claim they want time with the child, until they find out child support will take 20% or more of their income.

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Answered on 12/15/13, 6:25 am
John Smitten Carey and Leisure

Custody no but he will likely get 3 days per week non-overnight for now. Contact my office for free consultation 727-446-7659

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Answered on 12/16/13, 3:54 am


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