Legal Question in Family Law in Florida

my daughter is married and has baby. The man she married is not the babys biological father, he did sign the birth certificate. He took the baby on tuesday and refuses to let my daughter see him, we have contacted DCF and the sheriffs office and they also refuse to help. she got served divorce papers toady and we just dont know what to do. The baby is not his biologically and even though he signed the birth certificate, can he still keep the baby from her. Once he know he is not the father, he has to give the baby back.


Asked on 6/16/11, 5:44 pm

2 Answers from Attorneys

Carmen Demapan Blind Ear Law Group, PA.

Legally, he is the father in two ways: 1) he signed the birth certificate, and 2) married the mother of the child. She should immediately file an emergency motion for return of minor child and obviously respond to the divorce papers as soon as possible.

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Answered on 6/17/11, 8:00 am
Lucreita Becude Lucreita D. Becude, P.A.

Now that she had been served divorce papers - get that case number and file a emergency hearing and emergency motion for return of the minor child.

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Answered on 6/17/11, 8:41 am


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