Legal Question in Family Law in Florida

child custody

My daughter has a child with a man who she did not marry nor does she live with. His name is on the birth certificate. There is no agreement of any kind such as visitation or child support. Does this man have the right to take the child with the understanding that he will bring her back on the next day but change his mind and keep her indeffinitely?


Asked on 6/08/08, 7:38 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: child custody

Until a judge orders it, the man has no rights to the child. Be careful, though. Florida law is unusual in this respect. If he takes the child to another state, the birth certificate may give him fathers' rights.

As long as he is still in Florida, she should call the police to have the child returned to her.

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Answered on 6/08/08, 7:58 pm


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