Legal Question in Family Law in Florida
custody of one month old
I was living with a friend when i had a baby boy, he is now 1 month old. the babys father and i are not involved but his father still visits his son at my friends house. when my son was in my friends care for the weekend at her house his father asked to come by and visit. when he came to her house he was with his mother, when my friend left the room to get dressed the babys father and his mother tried to talk the baby. they snuck outside and were putting him in the car and were going to take him. my friend stood in front of the car and would not move without the baby she then called the cops. when the cops arrived they informed the babys father and his mother that since the baby was left in my friends care that they could not take him without her permission. i was wondering what rights does he have over my son especially after what has happened today with them trying to take the baby. ive had no problem with him seeing my son or taking him to his appartment in the past but after what has happened today i do not trust him or his family with my child. what if hey dont bring him back? ive already filled for child support im just concerned about what to expect especially after todays incident.
1 Answer from Attorneys
Re: custody of one month old
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
In addition to filing for child support, you need to amend your pleadings to include being the primary residential parent so that you will have the say where the child lives. Until the court makes a determination, each of the parents have equal rights to the child. Had the baby been with the father and you tried to retrieve him, the police would not have allowed you to do so. You need to resolve this issue before this happens again.
Scott R. Jay, Esq.
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