Legal Question in Family Law in Florida
My daughters ex boyfriend is on the baby's birth certificate as the father but they currently don't have a custody agreement. What rights does he have? He is saying that since he is on the birth certificate that when he takes the baby if he didn't bring her back that he has the legal right to do that. Is this true?
2 Answers from Attorneys
He is wrong. Being on the brith certificate gives a father no rights in Florida. He must file a paternity suit to establish a parenting plan before he gains any "father's rights."
If she allowed him to be on the birth certificate and is not disputing that he is the father, then he does have rights. However, you need to file a Petition to establish custody, visitation and child support. Not being married to this man is a plus for your daughter but if he does file for paternity and establishes that he truly is the father, it would not look favorable on her to not allow visitation. I would go after a court order so that this does not creep up in the future and cause you problems that could be easily resolved now.
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