Legal Question in Family Law in Florida

My husband has filed for full custody of his son. He is not on the birth certificate. The mother has not responded to any papers she have been served by the courts or filed her answered when initially served. Now that the final papers have been served she is refusing to sign and will not give the minor child back the the father where the child has been living for the last 3months. She is saying that once she receives proof of paternity then they can go from there and that he has no rights to his son. After waiting till everything is almost final can she do this?


Asked on 8/05/13, 7:24 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

If she doesn't answer in time, your husband can ask for a final hearing, and it's likely that the judge will give him pretty much what he asks for, so long as it's legal. In the meantime, why doesn't he just take a paternity test and give her proof?

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Answered on 8/05/13, 9:32 pm
John Smitten Carey and Leisure

just take the matter before the court and get the DNA testing done.

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Answered on 8/06/13, 2:47 am


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