Legal Question in Family Law in Florida
My son and his girlfriend had a child. They separated and he filed for Paternity and time sharing. He is listed as the father on the birth certificate. Since this is in Florida, they had to sign an acknowledgement of paternity to have his name on the birth certificate as the father. After filing for paternity, they tried to do 50/50 time sharing but then the ex lost her job and her place to live and is now living in a motel somewhere (we don't know exactly where).
In the last 53 days, she has had the child: 2 overnights the first week of August, 1 overnight the middle of august, and 1 3 1/2 hour visitation a week ago. She has called only once or twice. Has provided no money or food for the child but gets food stamps for her and possibly WIC.
We have reason to believe that the ex may be prostituting and using drugs (cocaine and alprazolam at the least).
She filed a counter petition on the paternity case 3 months ago but has never served the papers.
How long does he have to wait to ask for a default hearing and what would be necessary to get legal and physical custody with only supervised visitation?
He can't afford a lawyer...even the low cost lawyer he qualified for said that it would be $1500 up front, more if that ran out, and $5000 per day if it went to trail. Any help or advice would be appreciated.
3 Answers from Attorneys
Have him call legal aid in they county where the case is pending. He may qualify for pro bono (free) legal help through the local Bar Association Legal Aid Society
Agree with Mr. Wieland
You will not be able to get a default if she filed a response. You need a lawyer.
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