Legal Question in Family Law in Florida

Ok here is my situation My son and his girlfriend had a child, My son is the main caregiver. His girlfriend comes and goes and is always leaving for one thing or another. She will be gone for days and not call and check on her child. My question is can my son go and get primary custody of his child?


Asked on 6/26/13, 8:22 am

5 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Yes. He needs to file a paternity suit.

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Answered on 6/26/13, 8:37 am
Gregory Buckley Gregory T. Buckley, Attorney at Law

Before he can do that, he will need to establish his paternity of the child through the courts. Once his paternity has been established, he can ask the court to order a Parenting Plan that gives him the majority of the time-sharing with the child.

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Answered on 6/26/13, 10:04 am
Elliot Goldstein Law Offices of Elliot Jay Goldstein

I agree with Mr. Rose.

The Courts no longer use a primary or secondary designation. A parenting plan should be entered awarding him the majority of time with the child.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Contact me to schedule a no obligation office consultation. While telephone calls, and email responses, are encouraged, please do not send text messages.

Sincerely, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 6/26/13, 10:08 am
Carolyn Jones Law Office of Carolyn R. Jones

He should go and file a paternity suit.

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Answered on 6/26/13, 10:59 am
John Smitten Carey and Leisure

Yes. He has to file a petition to enforce his rights.

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Answered on 6/27/13, 3:16 am


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