Legal Question in Family Law in Florida

My family and I have a unique situation. I got pregnant at 17 and I broke up with her father because he wouldn't hold down a job. By the time I was 4 months along we weren't talking anymore, and I haven't heard from him since. When I was about 2 months along I met my now husband. He was in the room when she was born and has been her father since then. She calls him Daddy. She knows no different. She is now 4 years old. We live in the state of Florida. There is no father on the birth certificate and she has my maiden name as her last name. If her biological father shows up, does he have any legal standings. Is there anything I should do to prevent him from "changing his mind". Do you have any other legal advice for this particular situation.


Asked on 1/14/11, 10:40 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

The answer to your first question is maybe. He could have legal standing if he chooses to exercise it, and paternity can be established. You can't prevent him from changing his mind, but you can ask him to surrender his parental rights, or if he won't you can seek to have the court revoke his parental rights. This is usually done during the step-parent adoption process, but in some cases can be done without adoption.

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Answered on 1/19/11, 1:55 pm


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