Legal Question in Family Law in Florida

I�m incarcerated in the Florida department of corrections prisons system until 2015. I�m on my son�s birth certificate and signed the paternity form at the hospital when he was born. We were never married and I�ve lived with my son and his mother until my incarceration. My parents have brought my son to visit me at least once a month. The family members on both sides (Mother & Father) reside in Brevard County Florida. How can I prevent my son�s mother form leaving the state of Florida with my son? His mother had been incarcerated for drug related charges. My main concern is to keep my son in my life and to have family around as a safety net.

Question is forwarded by my parents onmy behalf


Asked on 2/12/13, 12:58 pm

3 Answers from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law

Has paternity ever been established through the courts? If not, you will need to file a Petition to Determine Paternity and for Related Relief as soon as possible. Until paternity is established through the courts, an unmarried mother is considered to have sole custody of a child.

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Answered on 2/12/13, 1:06 pm
John Smitten Carey and Leisure

If there are no custody orders then you have to petition the court to establish and preserve your rights. Contact my office for free consultation 727-446-7659.

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Answered on 2/12/13, 1:23 pm
Lucreita Becude Lucreita D. Becude, P.A.

Mr. Buckley is correct in his answer. You will need to file a Petition to Determine Paternity and for Related relief. YOu will need to do this ASAP. If I can be of assistance, p lease contact my office for an appointment. 904-997-1031

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Answered on 2/12/13, 1:38 pm


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