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What is the step to take when two people that are not married, but have a child in common, are separating?

Port Saint Lucie, FL |

Father and mother got a marriage license that expires in July but they decided that they want to part; so they're not married (right?). Father signed an acknowledgement of paternity, so he legally is the child's father. Father was previously married to another woman, and had two children with them-- there are sexual abuse allegations against father, and he is to complete a psychosexual evaluation. Right now, father receives supervised visitation with his other kids.
I'm wondering what is the step to take-- can't afford an attorney right now, but I will later. Should a parenting plan be filed? Can the mother request supervised visitation since there are allegations of sexual abuse upon father's other children?

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Attorney answers 3

Best Answer

I agree with both Attorney Bachert and Attorney Rose, the father has no rights until he has paternity established by a family law court with time sharing issues being resolved in the case. Good luck.

B. Elaine Jones, Esq.


Based upon the information you have provided the Father at this time has no time sharing rights to or with the child other than the obligation to provide child support for the child. Pursuant to Florida Statute the Mother of a child born outside of a marriage is has sole custody of that child and the Father shall have no rights with the child until he Petitions the court to obtain the same. The Mother need do nothing at this time but may Petition the court to establish child support if she wishes to do so.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951

Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.



So, you're saying that even after signing an acknowledgement of paternity the father has no visitation rights?


Either of them could--but isn't required to--file for paternity. Until that happens, the father has no rights and is not the child's legal father, even though he signed the birth certificate.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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