Legal Question in Family Law in Florida
My brother has a son that was born when he was not at the hospital/separated from the mother. He went to the hospital and filled out paperwork of some sort to be added onto the birth certificate before the mother was even discharged. Conveniently, the mother didn't turn in the paperwork, thus he didn't get on the birth certificate. The child is 2 and she doesn't deny that he is the father until she gets mad and wants to withhold the baby from him. In fact, the baby just stayed three weeks with us while the mother was homeless and now she wants him back all of a sudden. My brother isn't comfortable with this. The mother asks my brother for money and treats him like the baby's father; however, in the absence of his name on the birth certificate, does he actually have any rights to his son right now? Can he keep his son until things are sorted out in court properly, or can she get him for kidnapping?
1 Answer from Attorneys
Your situation poses more questions and issues than can properly be addressed within this forum. Your brother should consult with a family law attorney to discuss his options, rights and responsibilities.
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