Legal Question in Family Law in Florida

Child custody rights of biological not legal/married father

I am in a relationship with a seperated married woman. We've been together for 2 1/2 yrs. A child was born since then and now I am unalbe to have my name on the birth cert. Am I going to have to basically adopt my child or is there some other legal recourse for me to take. There is no dispute that I'm am the biological father. Thank you...


Asked on 6/15/00, 12:30 pm

1 Answer from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Child custody rights of biological not legal/married father

Although neither you nor your girlfriend deny that the baby is yours, you should file a Paternity action or legal agreement with her establishing that the baby is yours. This will give you the legal right to ask for visitation or custody. Once parentage has been established then you set up the visitation schedule or custody determination. You also request that your name be put on the birth certificate. Once you are established to be the father then you are also responsible to make child support payments if the baby does not live with you.

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Answered on 8/07/00, 3:42 pm


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