Legal Question in Family Law in Florida

single mom custody issues

I am a single mom. I lived with my boyfriend and baby for 4 months and then left him (Our baby is 8 months-old now and has been with me this whole time). The father's name is on the birth certificate and he also says he legitimized our baby through court(I have not received any papers). I might go live in Europe and was wondering if I have to notify anyone of my departure or if he can say I kidnapped the baby. I also have family in Georgia and I need to know if it might be harder to try to get custody if I am in a different state. Can he keep me from leaving Florida? He wants to only give me $150 a month for child support and says that if I ask for child support from the court or I don't let him take our son every weeked, that he will take me to court to get custody. Am I better off just accepting his demands? Should I stay in FL if he wants to take me to court or would it benefit me to be in another state? (He already has lawyers and maybe paperwork in FL. I don't have any aid as of yet)


Asked on 6/15/02, 11:13 am

2 Answers from Attorneys
Alexis Parker Alexis Parker, Esq.

Re: single mom custody issues

Your situation is such that you should most definitely consult with an attorney who can review all of the facts and give you an informed opinion.

Your post raises many questions. For example, why weren't you served with notice of what appears to be a paternity action filed by the father? You should have received notice and service of the Petition unless the father was unable to find you and posted notice in the newspaper...it does not sound as if that is the case.

If the father did actually obtain a judgment of paternity, what does that judgment say, if anything, in regard to visitation and child support.

I strongly advise you to consult with an attorney.

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Answered on 6/16/02, 6:16 pm
Donna Goldman DONNA G. GOLDMAN, P.A.

Re: single mom custody issues

There is a very simple answer for you and that is to get an attorney immediately. There is no possible way for any attorney to adequately answer your question on the internet. Until you have been personally served with a paternity lawsuit and then unless you ignore them then by operation of law (statute) you remain the primary residential (custodial) parent for your child. Do not listen to his rantings. His power over you is only to the extent that YOU ENABLE IT. Get a free consultation with attorneys in your area and then retain one. Borrow, charge it, do whatever but find a lawyer who concentrates in divorce and family and that attorney will not allow him to annoy you anymore. Do not keep wondering what he can do to you and allowing him to keep you down and powerless. Break that cycle of control and move on for your and your child's sake. The father will more than likely be 100% responisble for all the fees other than your initial payment.

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Answered on 6/16/02, 10:29 pm


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