Legal Question in Family Law in Florida
Hello, I married a girl in August 2008 while she was pregnant with another man's baby. I knew that she was pregnant with another man's baby, but we both agreed that he was dangerous, and should be kept away from the baby. I signed the birth certificate, and my name is still on it to this day. Two months after the baby was born, she cheated on me with some random man (I also have proof of this as well, she left her diary with me). This should have been a premonition to things to come, but I got through it with her, finished my senior year in high school (we both got married at 17, I turned 18 after graduation) and joined the military, to benefit her and the child. While I was in basic training, I was informed that I was disqualified due to medical problems, and would be going home. After I told her that I would be coming home, she told me how she was living with the biological father's parents, and that she was going to leave me. The following day, my bank account (a joint bank account) was drained to two hundred dollars.
I opened a new account for my last paycheck, and came home about two weeks later. She was friendly with me at first, then started asking for more money, and tried making me sign a child support document (That she made herself) and tried to get more money out of me. After I asked about the welfare money which we had been receiving, and about the money that she stole from my bank account, she merely said she needed it for the baby, and then stopped talking to me.
Now she is trying everything she can to get child support, alimony, and just money in general out of me. I don't know what to do. I can't start the divorce because I have no money, or job as of yet, and she's not going to because she knows that I will contest paternity, and she'll have to pay for the test.
What I want is as follows: I want rights over the baby, the little bit of money I have left, and everything that I have purchased since I have came home. I don't want to lose any of that, though she wants to take it all. We own nothing together, and she already has taken all of her personal belongings.
I also do not want to be responsible for child support. She has used me JUST FOR the child support, and I am not going to give it to her. If I lose the rights to the baby, then so be it. I honestly doubt that if I pay child support, and get rights that I'll be able to visit him anyhow. She's done everything in her power to keep him away from me, and I've only seen him twice since coming home. I really love him, and I will really miss him, but I don't think there's anything I can do to see him again, and I know that throwing money at her just won't make her let me see the baby.
I want nothing more to do with her, and I don't want to spend one more penny on her, and that's that. I know child support isn't really supporting the baby, it's just giving her more money, while I get the false promise of seeing the baby. I know this, because my parents went through the same thing. She is currently living with the biological father, and my legal child. He has no rights over the baby, and I do, though he gets to actually see him on a daily basis. I just don't understand any of this.
I apologize for the format, and length, of this statement/question/whatever, but I can't sum it up in a smaller format without cutting something out. If there are any more questions you need to ask me, then please let me know. I want to get through this, and then just move on with my life.
2 Answers from Attorneys
File the divorce. I know you say you can't afford it, but your other option is to do nothing at all while see goes to the state to get child support from you.
If you try to get custody, she'll just ask for the DNA test. If so, at least it will be over, and she'll be out of your life and, unfortunately, so will the child.
If she agrees that you are the legal father, then there will be no test, and visitation will be ordered. You'll be the legal dad forever. If she denies you visitation after it's ordered, you can file a motion for contempt. Once you've gotten to motion for contempt number two or three, you'll get custody.
You say you can't afford a divorce, but your other option is to stay married. If you stay married you will pay child support and have rights to the child unless the real dater stapes in. It sounds like you can't afford to stay married, not that you can't added to get a divorce.