Legal Question in Family Law in Florida
What rights does he have in FLA?
Was married when pregnant and filed for divorce after birth of our child..We were separated before he birth...... I didnt name my husband on birth certif. after threats made, which he claims then he is not the bio father since I did not give our son HIS last name...it was omitted for pers. reasons...... We divorced after I gave him a year to be involved. He has NEVER seen our child in person...He lives out of the USA. Refuses to file for DNA tests.
Does he have the right to have a mailing address should he ever want to file? He does not have my HOME address after the yrs of harassment any longer...found me online and again I closed email account down.......does he by law have the right to have MY mailing information and I know nothing about where he is? As I said he has NEVER seen our child other then photos in email and he comes back with he is not the father....not interested but continues to harass me.....I DID close the email acct. down....but WHAT rights does he have being he refuses to establish paternity and has not once set foot in the US to file. He is named in divorce papers....and told to petition court as they have Jurisdiction of his visitation.........thank you for any help answering this!
1 Answer from Attorneys
Re: What rights does he have in FLA?
He doesn't need to file for paternity and he doesn't need a DNA test. Because you were married when the child was born, he is legally the father and he has fathers' rights. He has a right to visitation (and he could ask for custody, but his odds don't sound good), and you have a right to child support. he has a right to know the address of his child, but I think a judge would understand you not giving out the address if you fear he will take the child and remove the child from the U.S.
Still, it would be very wise for you to speak with a family lawyer about your case. Hiding a child from a father can sometimes cost you custody.
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