Legal Question in Family Law in Florida

Taking my child home

I am a citizen of another country who has been living in the US under an assumed name. I have since given birth to a child & am with the childs father but he does not help at all because he didn't want the child to begin with. What I need to know, is what kind of rights do I have as far as taking my child out of the US & to the country of residence that I am a citizen of? I had the baby under the assumed name because I could not have afforded to have a baby under my real name. The assumed name is on the baby's birth certificate. The child does have the fathers last name. Can the child be taken away from me, the natural mother? Please help as I am very distressed. Thanks for your help.


Asked on 5/27/02, 11:44 am

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Taking my child home

You appear to have created a messy situation; however, if you are otherwise a fit parent and the natural father consents to your leaving the country with the child, there should be no legal barriers to your departure. You will have to straighten out the names on the birth certificate of the child and your immigration status by taking steps to correct those documents to explain the name on your visa, passport, child's birth certificate, etc. You don't indicate why you used an assumed name but that appears to be your main problem. Such use is not illegal so long as it was not for an illegal purpose, fraud, misrepresentation, etc.

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Answered on 5/27/02, 9:47 pm


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