Domestic Violence

[trystn929]

Two weeks before I delivered my baby (9-29-09) my boyfriend who is also the father beat me up very badly. I am pressing charges and also have a restraining order against him that is good for two years. I did not put his name on the birth certificate. I am on medicaid and after I left him applied for food stamps and cash assistance since I unable to work. I have been saying I don't know who the father is up till this point, but when I applied for medicaid back when I found out I was pregnant my ex and I filled out the paperwork and put that he was the father so medicaid had his name on file. I just receive a letter regarding him from medicaid (dcf) saying if I didn't sign the paternity affidavit and cooperate all my benefits would be dropped immediately. I don't want to make things any easier for him to be in her life b/c he is dangerous and would hurt her to hurt me. He has choked the dog and kicked her in the face and I know he'd abuse my little girl without a doubt. Can you offer me any advice?What is the name of your state (only U.S. law)?

[Hisbabygirl77]

Originally Posted by trystn929

Two weeks before I delivered my baby (9-29-09) my boyfriend who is also the father beat me up very badly. I am pressing charges and also have a restraining order against him that is good for two years. I did not put his name on the birth certificate. I am on medicaid and after I left him applied for food stamps and cash assistance since I unable to work. I have been saying I don't know who the father is up till this point, but when I applied for medicaid back when I found out I was pregnant my ex and I filled out the paperwork and put that he was the father so medicaid had his name on file. I just receive a letter regarding him from medicaid (dcf) saying if I didn't sign the paternity affidavit and cooperate all my benefits would be dropped immediately. I don't want to make things any easier for him to be in her life b/c he is dangerous and would hurt her to hurt me. He has choked the dog and kicked her in the face and I know he'd abuse my little girl without a doubt. Can you offer me any advice?What is the name of your state (only U.S. law)?

Please tell us what is your state. Now when you fill out the paper work for Child support/DES they will have on there a place for if you dont want to list the father why? It has a specific spot for victims of domestic violence if you are afraid of the father is one of the only valid reasons they will accept for not listing the father. You need to speak to someone at the office explain that you have a restraining order and are charges are pending. They should accept this as a valid reason if not you need to appeal it.

[Proserpina]

Originally Posted by Hisbabygirl77

Please tell us what is your state. Now when you fill out the paper work for Child support/DES they will have on there a place for if you dont want to list the father why? It has a specific spot for victims of domestic violence if you are afraid of the father is one of the only valid reasons they will accept for not listing the father. You need to speak to someone at the office explain that you have a restraining order and are charges are pending. They should accept this as a valid reason if not you need to appeal it.

(pssst....Florida. Noted in OP's "location" bit )

[Hisbabygirl77]

Originally Posted by Dogmatique

(pssst....Florida. Noted in OP's "location" bit )

Well shoot I never look at the location lol

[Gracie3787]

Originally Posted by trystn929

Two weeks before I delivered my baby (9-29-09) my boyfriend who is also the father beat me up very badly. I am pressing charges and also have a restraining order against him that is good for two years. I did not put his name on the birth certificate. I am on medicaid and after I left him applied for food stamps and cash assistance since I unable to work. I have been saying I don't know who the father is up till this point, but when I applied for medicaid back when I found out I was pregnant my ex and I filled out the paperwork and put that he was the father so medicaid had his name on file. I just receive a letter regarding him from medicaid (dcf) saying if I didn't sign the paternity affidavit and cooperate all my benefits would be dropped immediately. I don't want to make things any easier for him to be in her life b/c he is dangerous and would hurt her to hurt me. He has choked the dog and kicked her in the face and I know he'd abuse my little girl without a doubt. Can you offer me any advice?What is the name of your state (only U.S. law)?

Cooperate in establishing paternity.

Until a court issues a visitation order, you do not have to allow him to see his child.

There is going to be a CS order issued, but visitation will not be a part of that order unless father requests it.

If he does request a visitation order you have the right to request that the visitations be supervised. However, you really should get a consult with a local attorney if he does file.

[Hisbabygirl77]

Originally Posted by Gracie3787

Cooperate in establishing paternity.

Until a court issues a visitation order, you do not have to allow him to see his child.

There is going to be a CS order issued, but visitation will not be a part of that order unless father requests it.

If he does request a visitation order you have the right to request that the visitations be supervised. However, you really should get a consult with a local attorney if he does file.

Not neccesarily, As I stated and it is true that if DES or Child support office is trying to get her to name the father and she has proof of abuse and fears for her safety there is a form that she can fill out that if her abuse and fear meet the standards then she will NOT have to name the father. She needs to check into that. DES can not force someone who has been abused to name the father to receive benefits.

[Hisbabygirl77]

OP go to this website

[url=http://www.dcf.state.fl.us/ess/agencyforms.shtml]The Florida Department of Children and Families[/url]


When you get there click on the form that says Child Support cooperation good cause/refusal to cooperate. It explains what I just stated. Print it and bring it with you to give to your case manager along with your proof of abuse.

[Gracie3787]

Originally Posted by Hisbabygirl77

Not neccesarily, As I stated and it is true that if DES or Child support office is trying to get her to name the father and she has proof of abuse and fears for her safety there is a form that she can fill out that if her abuse and fear meet the standards then she will NOT have to name the father. She needs to check into that. DES can not force someone who has been abused to name the father to receive benefits.

In Florida, yes they can.

In a situation like the OP's they are required to keep all of the OP's contact info confidential. It won't even show up in any court records.

It's really moot in this situation since the OP had already named the father when she previously applied for assistance.

[Gracie3787]

Originally Posted by Hisbabygirl77

OP go to this website

[url=http://www.dcf.state.fl.us/ess/agencyforms.shtml]The Florida Department of Children and Families[/url]


When you get there click on the form that says Child Support cooperation good cause/refusal to cooperate. It explains what I just stated. Print it and bring it with you to give to your case manager along with your proof of abuse.

I agree. The OP should fill out the form and she should also remind them that they already have the needed info.

This will not stop the DOR from initiating a paternity action, as I said in my previous post, all of the Op's info will be confidential.

[Hisbabygirl77]

Originally Posted by Gracie3787

In Florida, yes they can.

In a situation like the OP's they are required to keep all of the OP's contact info confidential. It won't even show up in any court records.

It's really moot in this situation since the OP had already named the father when she previously applied for assistance.

Well for people in the future no that cant. I am not gonna argue this with you. I know you believe it to be true. I have worked for DES and dealt with this in many states. Trust me on this one. I made sure to verify with florida as well.
Read the link I provided.