Legal Question in Family Law in Florida

child custody

My daughter is seeking full custody of her 6 month old baby. We are not sure where the father is. More than likely Florida. If she can not find the father or he does not cooperate, can she just go in front of a judge. Show that she had tried to contact the father, and get full custody. Without having to do the paternity test or anything else from him.


Asked on 2/12/02, 4:49 pm

2 Answers from Attorneys
Gregory Smith Law Office of Gregory D. Smith

Re: child custody

Tenn. Code Ann. 36-2-303 already gives her custody absent a court order otherwise if the child was born out of wedlock. For more info, see www.gsmithlawfirm.com

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Answered on 2/12/02, 6:55 pm
Sanford Martin Martin Law Office

Re: child custody

Assuming your daughter is unmarried, under FL law she has full custody unless she has taken some action to consent to the father's cusody. The father must take some action to assert parental rights through a paternity test; if he hasn't, your daughter has custody. If she wants child support, she will have to demand a paternity test.

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Answered on 2/12/02, 11:06 pm


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