Legal Question in Family Law in Florida
In Florida, how can a single mother give temporary custody (or adopt) if the father is unnamed on the birth certificate and refuses to admit paternity?
Asked on 10/13/09, 10:30 am
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
So long as the father doesn't object, the mother can give temporary custody without a problem, though I'd be worried that the father would file a paternity case and ask for custody.
If the mother wants the child to be adopted, the mother should get consent from the father or seek to terminate the father's parental rights.
The birth certificate is irrelevant. If the father denies paternity, the court could order a paternity test, but it's usually not done in adoption cases. In adoption cases, the court usually accepts the mother's word as to who the father is.
Answered on 10/13/09, 10:46 am