Proving He's The Father And Getting Custody

[apetjmar04]

What is the name of your state?What is the name of your state? Florida

My boyfriend has a 6 month old son. His ex-girlfriend lives in FL with the baby. We went to Florida for the birth of his son, I of course didn't go to the hospital with him. He was there for the birth, and has since returned to FL 2 times to see his son. Also she did not put my bf on the birth certificate and the baby has her last name. Just recently she attempted to run away with the baby to CO. As soon as my boyfriend heard of this he moved down to FL. He has now lived down there for 2 days.

My first question is: What are the steps he needs to take to prove he is the father?

And once he has proved that he is the father, what does he need to do to file for custody?

Also, I will be moving down to FL in May, so what effect will I have with the custody?

 

[twitty06]

Hopefully this can work for you!

If the mother will allow him to see the child (able to take him for an hour or so). What we did in almost the sam situation was order one of those paternity test from online where the mother doesnt have to be present. take the swab test your boyfriend and his son. Mail it off and get the results in a matter of seven days. We didnt get the one thats official in court because we just wanted to know the truth because she wasnt for sure about paternity. With the test we were able to get the child medical benefits with just proof of paternity from the military. I know it may sound deceiving on our part but it allowed us to get the answers we needed and kept down the conflict of possibly having this mother tell the child at a later age that daddy didnt believe you were his son. He was young enough and it was done privately. you can do a search online for this test. Good Luck

 

[Phnx02]

What is the name of your state?What is the name of your state? Florida

My boyfriend has a 6 month old son. His ex-girlfriend lives in FL with the baby. We went to Florida for the birth of his son, I of course didn't go to the hospital with him. He was there for the birth, and has since returned to FL 2 times to see his son. Also she did not put my bf on the birth certificate and the baby has her last name. Just recently she attempted to run away with the baby to CO. As soon as my boyfriend heard of this he moved down to FL. He has now lived down there for 2 days.

My first question is: What are the steps he needs to take to prove he is the father?

And once he has proved that he is the father, what does he need to do to file for custody?

Also, I will be moving down to FL in May, so what effect will I have with the custody?

An on-line paternity test will not hold up in court. (I'm not sure how parentage can be determined anyways without testing the mother?!?) Has your boyfriend been paying CS for this child? How old are you guys? Most adults don't "run away".....they "move". What was the reason for her wanting to relocate to CO?

If your BF wants to be part of this child's life, he first needs to file for paternity with the courts to legally establish he's the biological father. Do this in the county the child resides. Once he's determined to be the father, custody will be addressed, he will be ordered to pay CS, and a visitation schedule will be set up. Be forewarned that this will all take time.......months and months. If he wants custody, he will need to hire an attorney. It is almost impossible for someone to go "Pro se" with a case like this.....especially since the two were never married. You have virtually nothing to do with his fight for custody.....you are the girlfriend and have no say in the matter. Just wondering why you and BF want to take this child away from his mother?.....unless she abuses drugs or alcohol, is homeless, or is proven unfit in some manner.....you are fighting an uphill battle.

 

[rmet4nzkx]

Well, there are 2 ways to establish his rights since they did not sign the papers at the hospital at birth. He can petition the court for a DNA test which will take a while or he can sign the paternity affidavit. She will have to sign it, then he can take that to court and file for custody, child support, visitation, parenting plan and for a DNA test, the affidavit establishes apternity but just in case hse isn't sure the DNA will prove it and also give him a way out if he is not the father. Hopefully she will sign the affidavit as that is the quickest way, her reluctance may signal some fraud.

From My Florida site:
Establishing Paternity by Signing a Consenting Affidavit Acknowledging Paternity

We encourage all fathers and mothers who are not married to each other to file an affidavit acknowledging paternity.

Florida has an in-hospital paternity process that allows parents to establish paternity at birth. Federal and state laws require staff in all birthing facilities to assist with the completion and filing of affidavits. Parents do not have to pay a fee when both parents sign the form at the hospital or birthing center.

Some parents may wish to take the information home and sign the acknowledgment at a later date. If you choose to sign the affidavit after leaving the hospital, you may have to pay a small fee for the Office of Vital Statistics to process the form.
Rights, Responsibilities and Duties

When the mother signs the affidavit she is swearing that she was unwed at the time of the birth and that the named man is the biological father of the child.

When the father signs the affidavit, he agrees that he is the biological father of the child and that he will be responsible for the child's financial and medical support until adulthood.

Parents should NOT sign the affidavit if the identify of the father is uncertain.

After signing, either parent has the right to cancel the effect of the affidavit in writing within 60 days unless there has been a court hearing regarding that parent and the child. Once the 60 day period expires, paternity can be changed only by providing evidence in court that one of the signatures on the affidavit was obtained through fraud, under duress, or that there was a material mistake in fact.

 

[SMURFEELAW]

An on-line paternity test will not hold up in court. (I'm not sure how parentage can be determined anyways without testing the mother?!?) Has your boyfriend been paying CS for this child? How old are you guys? Most adults don't "run away".....they "move". What was the reason for her wanting to relocate to CO?

If your BF wants to be part of this child's life, he first needs to file for paternity with the courts to legally establish he's the biological father. Do this in the county the child resides. Once he's determined to be the father, custody will be addressed, he will be ordered to pay CS, and a visitation schedule will be set up. Be forewarned that this will all take time.......months and months. If he wants custody, he will need to hire an attorney. It is almost impossible for someone to go "Pro se" with a case like this.....especially since the two were never married. You have virtually nothing to do with his fight for custody.....you are the girlfriend and have no say in the matter. Just wondering why you and BF want to take this child away from his mother?.....unless she abuses drugs or alcohol, is homeless, or is proven unfit in some manner.....you are fighting an uphill battle.

Question for Phnx02----> I think a better question is why does mom want to take the child away from dad? Neither parent should try to take a child away (shy of your reasons listed) And I think it shows a lot out of dad that he moved to FL to be closer to his child. And whether mom was running or moving there is no good enough reason (in my humble opinion) for a parent to move away from a fit parent with the child especially in this case where dad up and moved to his child.