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Can a father keep the child from the mother if a DNA test was taken on our own proving him to be the father?

Jacksonville, FL |

His name is not in the birth certificate but we took a DNA test on our own. Nothing was ever filed through courts. I did apply for child support and provided them with a copy of the DNA test we took on our own. She was born in New York and has since resided with me her mother. I've raised her the two years of her life in New York. He paid child support voluntarily on his own to me. I moved to Florida where he lives in October 2012 and have since allowed him to take her for the weekends. I have a job opportunity in Atlanta Georgia and told him I'm going to move there. He took her yesterday for the weekend and then told me he isn't letting me take her. He has known her only the time we have been here in Florida which is less than 6 months. Child support never got back to me about application

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Attorney answers 3

Posted

You need to speak with a good attorney to file a petition for custody and to relocate to GA ASAP! You might want to go to the police in the meantime as he is not the legal father and is withholding the child wrongfully under any interpretation.

Eric J Trabin

Eric J Trabin

Posted

Under Florida law, if the biological father was not married to the mother nor has there been a petition to establish paternity, the father has not legally enforceable rights. Therefore, it would be unnecessary to file a petition for custody because the mother already has "sole custody." Likewise, a petition to relocate is unnecessary. Until the court is involved, the mother has unrestricted liberty when it comes to making decisions that affect the child.

Howard M Lewis

Howard M Lewis

Posted

great counsel

Posted

Until a Petition to Establish Paternity is filed with the Court, your child's father has no rights whatsoever. He can not keep your daughter from you and you can move to GA.

Deborah G. Fiss

Deborah G. Fiss

Posted

don't think it 's so cut and dried since the putative father has developed a relationship with the child and , since Florida is the home state at present, the writer should straighten things out in Court first as better in the long run.

Jennifer Ann Jacobs

Jennifer Ann Jacobs

Posted

Actually under Florida law it is cut and dry. While it may not be a good idea to take the child away from a father she has a relationship with, it is completely legal.

Deborah G. Fiss

Deborah G. Fiss

Posted

but, since FL is the home state for six months, all he has to do is file for paternity, custody and/or parenting access and she could be hauled back. Best defense is an offense

Brenda A Drake

Brenda A Drake

Posted

Except that she has not been in FL for six months - only since October - not even four months.

Deborah G. Fiss

Deborah G. Fiss

Posted

but she could do it under the UCCJEA as may not be another state willing to take jurisdiction

Deborah G. Fiss

Deborah G. Fiss

Posted

As I said below, I'd find it to be an interesting legal battle if he raised a "form over substance" argument, filed for paternity fast and made a best interests argument. all of this said, I think she should be the first to act to go in peace.

Posted

I agree with Mr. Trabin's comment and Ms. Jacobs' answer in that the biological father currently has no rights to the child. If you're going to move to Atlanta, there is nothing to stop you so long as you do it before he starts any legal proceedings to establish his Paternity and ensuing rights.

This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.

Howard M Lewis

Howard M Lewis

Posted

always great counsel

Deborah G. Fiss

Deborah G. Fiss

Posted

Sometime the minority voice is the right one and, since the father has a relationship with the child, he may have a good case alleging that it's not in the best interest of the child. would enjoy an interesting legal battle if I were representing him...;-)

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