Legal Question in Family Law in Florida

I am in a Residential Treatment Facility for women with drug addictions. I have a three year old son who I signed temporary custody of over to my parents. My child's father has never been the custodial parent. I always have been. As far as I know he isn't even on the birth certificate. He says that DCF put him on it when he took the DNA test but he is a known liar and I thought that I had to sign papers allowing him to be put on the birth certificate. He has been living at my parents house under the pretense of helping with our son and I was okay with that. I was actually the one who begged my parents to let him stay there to help him out because he had nowhere to go when he and his roommate had a falling out, and I figured he could help with our son and it would be a win-win. However he hasn't kept up with his end of the bargain. He helps little to none with our child and he has only paid 200 in rent in four months. Also it has recently come to my attention based on text messages he sent to someone on my parents phone, that he is using drugs and has had my son around people who also use drugs. I am trying to get my life right for me and my son, the last thing that needs to be happening is my POS baby daddy taking advantage of and living off my parents while he also uses drugs and exposes my child to unsavory people and situations. My parents want him out of the house but are afraid that he can take my child from them. I filled out temporary guardianship paperwork and had it notarized, but did not go thru the court system. Is that legally binding enough that he would have to take them to court to get custody? PLEASE HELP!

Asked on 1/09/16, 6:11 pm

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

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First off, who is the father? DCF would not have arbitrarily put him on the birth certficate unless the THREE OF YOU did a DNA testing. I suggest you or your parents contact a family court attorney and file the appropriate papers in the court system as to the custody of this child. Once that contact is made with a family court attorney, they can advise how to remove this "pretend dad" from the picture until a true DNA test is done. I would also have them do a drug test while he is there. More than likely he will drop out of the picture until 1. he is clean or 2. you establish who the father is. If he really wants to be the father, he will need to file a Petition with the Court for paternity and establish that he is the father. OR you can file a Petition with the Court for Paternity and establish if he is the father and ask for child support and arranged visitation due to his drug use.

Either way, he is out of the house and more importantly this child is protected from abuse.

Answered on 1/10/16, 9:56 am

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