Legal Question in Family Law in Florida
i have had my son in my custody until yesterday when my ex-girlfriend called the police. he said i was committing a 3rd degree felony for trying to keep a mother from her child and i have no custodial rights unless i go through the court system. my name is on the birth certificate i am the father and the law states "the minor or parent" does it not? we are both of age but why is it that these people can take my child and threaten to take me to jail? she has problems and her own delima and the baby is better off with me
1 Answer from Attorneys
Until paternity is determined by the Court, you basically have no rights. The rationale for this is that we all know mom gave birth to the child, while anyone can be listed as dad on the birth certificate. Whether that is fair or not, nevertheless, that is the way it is.
It isn't all bad. When it get before the Court, judges are not supposed to show any preference for either parent.
One of the major factors the Court looks at when determining custody is whether either parent has attempted to frustrate the other parent's relationship with the child.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
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.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.
Feel free to Google me.
Good Luck, 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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