Legal Question in Family Law in Florida

My daughter's father and I were never married and we separated 18 months ago. He has had 3 visits with her during that time that were each a week long, and has not tried to see her again since the first week of June, 2011. We just got child support established through Department of Revenue but have not gone in for custody or visitation.

My question is this... In the state of Florida can an unwed mother go into the courts to get a statement/certification of sole custody/legal decision making based on the fact that it has not yet been established otherwise? or does that automatically bring the father into the situation and give him the chance to establish his rights on my dime?

When her father and I were together we often talked about taking a Disney cruise with our daughter, like his sister had done for his niece when she was 4. Now that we are separated he is trying to stop that because it requires a passport and to get a passport without his signature I was told I need a statement of Sole legal decision making. Now my daughter WANTS to go on the trip we promised her and while I know kids survive broken promises I hate to be the one who does it to her.


Asked on 2/26/12, 9:42 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

He has no rights. You are the sole custodial parent. Unless you file for visitation, he has no rights. As to a pass port - you should have no problem in getting one. You can get an Order from the court if necessary without him. Just file a Petition for hte Passport - serve him the notice for hearing, the judge will grant because he won't have any reason that would allow you not to take her.

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Answered on 2/26/12, 10:08 am


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