Legal Question in Family Law in Florida
The Mother of my child fled with my daughter from the State of Florida 4-1/2 months ago. I was in the process of trying to find them to serve papers to prove Paternity. Even though we never married my child has my last name. There was never anything filed in the Court System in the State of Florida. I recently received a letter from the State of Minnesota through Washington Co. Community Services. It stated Child Support Services. It also states that the mother applied for Medical Support Liability for my 4 year old daughter. It also stated that the Mother of my child has not authorized this agency to collect Support Obligations other than Medical Support. My questions are 1.) How can she try and collect monies from me when she has feld the State with my child and I have not heard from my child, her mother or anyone else. 2.) I have been looking for them as I have said previously and she was bounching back and forth from Michigan to Minnesota where her family lives. All the time we were together she never gave me any information in reference to her family, phone numbers, addresses. I have paid an investigator to locate them. Before I could Serve her, to prove Paternity, I received the letter from the Child Support Unit with the Washington County Community Services. I want to be able to see my child and have visitation rights. Prior to the Mother fleeing the State, I saw my child at least every other week or weekend if not more. The mother and have been in a relation ship for the past 8 years. The mother has established residence in Minnesota now obviously.
3.) What do I need to do. I don't have the money to pay an attorney that is why I purchased the forms for the Paterity, to have the mother served. The Washington County Community Services sent the letter before I could prove Paterity in Florida and have the rights to see my child.
1 Answer from Attorneys
1. You have to file something in the state of Florida before the child has been gone for more that 6 months or FL will lose jurisdiction under the UCCJEA.
2. You have to file an action for paternity NOW in the state of Florida and find the address to serve her in Minnesota (at least you know the county and state where she is hiding out).
3. She can collect money from you whether or not you see the child, but if she wrongfully removed the child from FL without consent she may be required to return the child to FL and/or you may have the child living with you.
All that they are trying to do in the other state is get you to reimburse them for the social benefits she is applying for and will possibly receive. Florida still has jurisdiction so you need to act NOW. (THIS ASSUMES THAT THE CHILD RESIDED IN FL FOR 6 CONTINUOUS MONTHS BEFORE BEING REMOVED 4 1/2 MONTHS AGO).
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