Legal Question in Family Law in Florida

Still Questioning.....

Being I did not name my husband on our child birth certif.....being married at the time I understand now he is considered the legal father.

He refuses to do the DNA....he still disputes paternity yet refuses to file for that & visitation as well.

He has by his own choice denied himself of any involvement in our childs life....he did make a threat hence my omission of his name on the birth certif....and he is to petition the court for any visitation.

He has refused to do this for MANY years now since our childs birth.....yet harasses me when he finds my email....and given he has a physical address to mail me....he used to send child services with made up claims against me...which case was closed a week later.

Being he has shown NO interest ever in our child, in person ...denies our child is his based on photos sent via email...(snail mail came back refused when I had his address) showing only a vendetta against me, and not once trying to form any type of relationship with our child...and he continues to be combative and vindictive against me.

Ive asked him to file for visitation and he says not interested in YOUR child in emails.

Can his parental rights be terminated based on his actions and lack of..thus far?


Asked on 2/20/09, 10:07 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Still Questioning.....

Why would you want his parental rights terminated? He's not exercising visitation, but he still owes child support. That's a good position for you to be in. If he ever goes to court seeking visitation, then you should seek termination or sole custody.

Can his parental rights be terminated now? Maybe, but the minute you try, he'll show up in court and demand visitation, and he'll probably get it. Judges are generally of the belief that a bad dad is better than no dad.

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Answered on 2/23/09, 9:09 am


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