divorce

Florida

I am trying to get a divorce. I have been separated for 1 year and my wife will not sign the papers. we have a 4 yr old child. We have nothing to split. I already pay child support threw the goverment but she just wont sign the papers. She also has a 1 year old child with another man. Now she is saying i cant see my daughter till i take her to court and the judge says so. What do i do?

Take her to court and sue for custody of BOTH children.

sanders2585 said:

Florida

I am trying to get a divorce. I have been separated for 1 year and my wife will not sign the papers. we have a 4 yr old child. We have nothing to split. I already pay child support threw the goverment but she just wont sign the papers. She also has a 1 year old child with another man. Now she is saying i cant see my daughter till i take her to court and the judge says so. What do i do?

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Are you the legal father of both children? If you are, OG is correct, you can file for custody of both children.

It doesn't matter that she is not willing to sign the papers, if the petition has already been filed and an answer filed, you can go ahead and have a hearing date set. Or, mediation if your county requires it. If the petition has been filed, but no answer filed and it has been more that 20 days since she was served, you can request a default and then a hearing date can be set.

since he was married to her when she had the baby, i would think he was the legal father.

VeronicaLodge said:

since he was married to her when she had the baby, i would think he was the legal father.

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He would be the presumed legal father. However if the biofather signed the BC, any attempt to establish that would end up resulting in his not being found to be the father, after a DNA test was done.