Legal Question in Family Law in Florida
In the state of Florida, I had a daughter with a lady to whom I never married. She brought a DOR paternity case to establish childsupport. Through DNA it was established I am the father. However I was in prison and my childsupport obligation was reversed. This is the only legal steps taken regarding my relationship with my daughter. Time has passed, Im free and doing well, my daughters mother not so well. Im visiting all the time and spending weekends with her at my home. The mother is homeless and unemployed. Since paternity was established but no time sharing arrangement am I legally allowed to simply refuse to return my daughter after a visit? Can I keep her or is that kidnapping? I intend to file a new paternity case to establish a parenting plan with time sharing however in the mean time do I have the same rights as a parent as the mother?
5 Answers from Attorneys
You have no parental rights until a judge says you do.
Unless you like having the cops at your door, do not refuse to return the child.
A Petition should be filed, along with an Emergency Motion For Temporary Time-Sharing.
It's time to retain an attorney.
Paternity has been established, do not refile on that ground. New Petition is to establish parental rights/time sharing.
You have to file a petition to establish your parental rights. Contact my office for free consultation 727-446-7659
There's no time sharing plan in place now, so you are playing with fire if you just decide to keep your daughter.
You need to file 2 separate pleadings - 1. you need to file a petition to modify the Final Judgment of paternity. The modification is the parenting plan/time-sharing schedule. 2. You need to file a motion for temporary time sharing. It doesn't sound like it should be an emergency motion (if you wouldn't call 911, it's not an emergency).
If you can afford to do so, hire an attorney in your area to prepare these and to represent you. While you can represent yourself, few attorneys recommend it in family law actions. These things can get real difficult real fast, and you need someone with experience in your corner.
Sadly the only thing that DOR does is establish paternity in order to obtain child support. They are not in the business of preparing documents for visitation and parenting plans. You should not keep your child as you do not have this right through the courts - you need to to file a Supplemental Petition for Visitation, Child Custody and Child Support and submit a parenting plan. I agree with Mr. Kaufman, although you could file these docs yourself, it would be better to have an attorney represent you when especially when the fate of a child is on the line.