Legal Question in Family Law in Florida

Custody Florida

I had a child 8 weeks ago & did not put the father's name on the birth certificate. We were never married & I want nothing from him, not even support payments. All of a sudden I am getting emails from his new girlfriend pretending to be him. How can I legally protect myself & child? Does he legally have to make the 1st move or is there anything I can do legally?


Asked on 6/09/09, 2:01 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Custody Florida

Under Florida law, he has no father's rights until he files a paternity lawsuit or until you (or DOR on your behalf if you seek Medicaid, food stamps, welfare, etc.) seek child support. That doesn't mean that you have any way of stopping the emails, though.

Just as an aside, you may want to consider whether the child support could go into a college fund or by used in some direct way to help your child, and you may want to consider how your child may one day feel knowing you kept his or her real father away. I'm not telling you what to do or preaching to you, I'm just reminding you that's it's about your child as well, and I've never known a child who didn't eventually want to know both biological parents.

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Answered on 6/09/09, 2:14 pm
Charles Gallagher Gallagher & Associates Law Firm, P.A.

Re: Custody Florida

What do you mean protect youself. If he is the father, he has rights.

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Answered on 6/09/09, 3:04 pm


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