Legal Question in Family Law in Florida
My son fathered a child with a woman who is married to a man who is living out of state for the past 4 years. He is not listed as the father on the birth certificate. She plans on taking the child to South Carolina this month and we fear she will not return with the child. A home DNA test was done, confirming the child is my son's.
What can be done to prevent her from taking the child out of state and for him to obtain his rights as the father?
3 Answers from Attorneys
A court Paternity Proceeding to establish him as the father is required.
He has to file a petition with the court to establish his parental rights.
You will need an attorney. The simple answer is to establish paternity. However, she is a married woman and may have placed her estranged husband's name on the birth certificate. As of today your son has no rights. He is not the legal father as her Husband is. Secondly, she may refuse a paternity test. A home test may not hold up in court but the real issue here is she is married and her husband has the legal rights.
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