Legal Question in Family Law in Florida
I married my wife August 16th 2008. My son was born November 1st 2008. June 23rd 2009 I went into the Air Force to support them both. While I was in the Air Force, I was told I'd be sent home due to a medical condition which was preventing me from continuing training. I told my wife over the phone, to which she responded she was leaving me. She drained our joint bank account, and went to live with another man. When I came home, I tried to talk to her, but all she did was ask for me to sign papers involving me giving more money to her, and tried to get me to sign the rights away for my child. She let me see my son about three times, but would take him away from me every time I told her I wouldn't sign one of her ridiculous papers, agreeing to pay her money or give her things. Now she refuses to let me see him, and is trying to teach him that that other man she's living with is his dad, because apparently she slept with him around time she got pregnant, and thinks he's the biological father.
The other man has been arrested, dropped out in the 11th grade, is diagnosed with various mental disorders, and has made absolutely no contributions to the life of my child. I want what's best for my child, and I don't want him thinking a loser such as that is his father. I want to be able to see my son again, also. And if it does turn out that the baby isn't mine biologically, which may be the case because she has slept around with many people, and has made clear to me that she only married me for money, then I still want to claim rights for him. I was there before he was born, while he was born, and up until the point I went into the military.
I am his father, no matter the blood that flows through his veins, and I want to know what I can do to get him back. I want to ensure his safety, and would love to have full custody, though I doubt the court would care. I also suspect she may have been doing drugs, and she has been shaving herself, most likely because she thinks they can't do a hair drug test if she shaves her hair. I arrived home July 31st, and I haven't done anything now because I didn't know what rights I had, if any, and she kept leading me on, trying to make me believe she'd let me see him. Now that I know that the best course of action is to talk to a lawyer, I'm doing just that.
1 Answer from Attorneys
Here's how this works:
If you remain married, which doesn't seem possible, the child remains legally yours.
If, or, I suppose, when, you divorce, the child remains legally yours until someone files a paternity case and the judge orders a DNA test. If the DNA test comes back showing negative for whatever man filed for paternity, you remain the father.
For so long as you are the legal father, you should file for divorce and seek primary timeshare ("custody"). Judges aren't stupid; they know why she's cutting her hair. Also, it sounds like her choice in men will help your case.
You should sit down with a family lawyer right away. Call me or email me if you need more help.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
