Legal Question in Family Law in Florida

I have a child that was born in Colorado. She currently resides in the state of Illinois. I was in Alaska at the time of her birth. Found out that my name is not on her birth certificate and her mom wants to send her to live with me now. Her mom is trying to get a power of attorney stating that she is giving up custody and i am taking all of the rights. My question is i am wanting to know is the power of attorney a good enough legal document for this situation. I do not want to get her with me and her mom try to take her back all of a sudden. Then it would look like i was kidnapping my child because i really dont have legal rights to her without getting my name on birth certificate and without being legimate through the court system.


Asked on 10/07/10, 6:23 pm

1 Answer from Attorneys
Carmen Demapan Blind Ear Law Group, PA.

What you can do is file a Petition to Establish Paternity and this would include your request for sole parental responsibility and a consent which would be filed by the Mother. A Power of Attorney is not sufficient to grant you full custody of your child. Additionally, after a final judgment has been entered, you can then send a copy of the certified order to Colorado where your name can be added to the birth certificate.

Read more
Answered on 10/13/10, 5:46 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida