Legal Question in Family Law in Florida

Re: family law, child custody

I wanted to add a little more to my answer after the other lawyer responded to you, something I've never done after answering more of this questions than almost any lawyer in the U.S.

I don't disagree with the other lawyer's legal statements, but I didn't write my answer to you in haste or out of rudeness, meaness, or anger. I understand how you feel about your child, and I understand your desire to protect your child, but I want you to understand the seriousness of your position. Unless this father is really a "bad actor," (like a child molestor or a violent drug dealer) you not only jeopardize your legal position by trying to prevent the father's contact with your child, you may do substantial psychological harm to your child.

The other lawyer rewords my sentiments as "it will benefit your child to know his/her father..so long as the guy is decent, law abiding and responsible." That's not my point. First, whether the father is "decent, law abiding and responsible" isn't your call. Next, whether the guy is "decent, law abiding and responsible" isn't the standard for denying custody. Even if the father isn't decent, isn't always law abiding, and isn't always responsible, he'll still probably get visitation. Moreover, even if the father isn't always decent, isn't always law abiding, and isn't always responsible, your child still has the right to know him.

Don't think I'm taking his side. As I said, I understnd how you feel. Sorry my answer isn't "gentle," but I want to make sure you understand that what you seek is almost impossible, that if you try to deny him visitation, you may lose custody, and that what you are doing may simply be wrong.

Re: family law, child custody

So you would deny your child his or her real father? What makes you think you have that right, and just how selfish are you? Your child has the right to have a father, especially one who is moving all the way from New York to be with his child.

No, you can't deny a paternity test. Yes, you can apply for sole custody, but you'll have to have a really, really good reason for it to be granted. Your child deserves a father, and the father deserves at least some visitation with his child.

Put aside your feelings about your ex and start thing about your child.

Re: family law, child custody

Hello: I just read your question and the one response...and figured I would offer a little more advice. I would also add...that 1st response was a bit harsh. When I speak to my clients, I won't demean them, but will...gently...give some advice that he/she may not want to hear because I think it is in their best interests. I get his point...it will benefit your child to know his/her father..so long as the guy is decent, law abiding and responsible.

There are too many issues to fully explain right now, but I'll give some brief advice. The father has no rights until there is a court order. One would have to file a Paternity action and serve the other party. If one party denies Paternity, a test will be ordered. If all are in agreement, there may be no need for a test.

If no one files for Paternity, you probably won't get any child support. If there is a case, the court will consider allowing visitation with the father when the child is old enough to be away from the mom (this is not in the statutes, but a new born,will be with the mom). Courts do not prefer to grant joint custody. It is preferred that a child have some permanency in his/her residency.

I can say as a single parent of twin 7 y.o. girls, it has benefited them having their father in their lives (I get them almost half of the month). I can also say that a single parent needs a break for a weekend or so as it is hard work. Also, it gives one time to go out and have a social life.

'Sorry I don't have time to go into more details, but I hope this helps. If my office can be of any assistance to you in North Fla., please give us a call. Tom Rosenblum