Legal Question in Family Law in Florida

Re: Not Legally married

There is no such thing as domestic partnership in Florida, so I assume that you filed for it in another state. Florida won't recognize your domestic partnership. The car is as much yours as it is his, so each of you may take it.

Under Florida law, a unmarried father has no father's rights until a judge says he is the father, so until he files for paternity, you have sole custody of your child. He may not take your child and, if he does, it's likely that the police may bring your child back to you.

You have every right to keep the child from him, but realize that it may look bad on you at a custody action if you are accused of refusing him visitation. On the other hand, if you fear he will take your child and not return your child to you, what can you do?

You need to find a good custody lawyer and file an action for paternity. That lawsuit will settle custody, visitation, and child support issues. The issue of who makes more money usually has no effect on the outcome of custody, but alcoholism often does. Call me if you need more information. Good luck, and I wish you the best.

Re: Not Legally married

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While the rights of a father are equal to a mother's in Florida, they must be established by a court of law. You should file a custody action and ask for child support. The father has no rights to take the child away from you. The court will look to see which parent can provide the best homelife for the child and make an award of custody based on the best interests of the child. If you cannot afford an attorney you should call your local legal aid to try and enlist their help.

Scott R. Jay, Esq.

Re: Not Legally married

The intent of the following response is for informational, educational, and discussion purposes only. Reliable legal advice can only be given after a full consultation and discussion of all relevant facts and circumstances.

Florida is not as progressive as other States on domestic relations, and will not acknowledge a domestic partnership established by another state. Here, you are either married or you are not. For custody, visitation and child support, marriage is irrelevant. You each have equal parental rights, although the father will need to establish his rights in court by accepting paternity; you will have to establish paternity to get child support if you are to be the custodial parent. When deciding custody, the Court determines what is in the best interest of the child based on several factors. One of those factors is the willingness of the parent to encourage a healthy relationship with the non-custodial parent. If the father is threatening to take and keep your child from you, that could be used against him. You should file a petition to establish paternity, custody, child support and visitation immediately. Once you do that, you can have the court enter a temporary order determining who has custody while the case is pending�this will define everyone�s rights and limitations until a final ruling can be obtained.

Since you are not married, the property issues are not considered domestic issues. The property you bought together, and titled in joint name, belongs to both of you. You will need to file a separate law suit to determine who gets the property, or to force its sale and split the proceeds.