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My child's biological father has been absent for over 2 years, she is 27 months old. Can he still get custody of her?

Orlando, FL |

During my pregnancy I found a lot of disturbing information out about my child's father. He threatened to take her from me, pushed me down in a public place. I became very concerned for my safety and my child's. I went to a women's shelter to seek advice and ended up filing 2 injunctions, I had a letter from my OBGYN that was dismissed. After a court hearing I was advised by the judge to begin a paper trail as he had begun stalking me. I went to the Sheriffs department and they told me I had no rights that he was able to bother me whenever he wanted because I was pregnant with his child. So I allowed him to take part in birth but refused to let him take her anywhere privately. After 5 weeks he stopped coming to see her. He is not on the birth certificate and has never paid child support.

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Attorney answers 4

Best Answer

He would need to file a paternity action. Right now, he isn't legally recognized as the child's father.

Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.


Unless he has filed a Paternity Action in Court and has been named the father and granted time-sharing, he is a stranger to the child and he has no rights. Good luck to you.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272


This man has no rights to the child unless and until he files a paternity action with the courts. If you are served with these documents, I strongly recommend you consult with a local and experienced family law attorney.

If you are in fear at any point or in any danger, please contact law enforcement right away.

Ophelia Bernal-Mora
Orlando Family Law Attorney

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.



Is there no set amount of time that he has to be absent completely to relinquish his rights? He could just come waltzing in at any time and request some form of custody?


He could get "time-sharing" and be able to see his child but only if and when he files a paternity petition and established time-sharing. Good luck.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.



Is there no set amount of time that he has to be absent completely to relinquish his rights? He could just come waltzing in at any time and request some form of custody?

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