Judge ignores FL law

[sarahh08]

I'm sorry but if child protective services, AND the hospital say he had rights, I think that means something. With him being proven the only living LEGAL parent, that does give him rights. He was proven to be her father while she was still in the hospital.

 

[Ohiogal]

I'm sorry but if child protective services, AND the hospital say he had rights, I think that means something. With him being proven the only living LEGAL parent, that does give him rights. He was proven to be her father while she was still in the hospital.

HE was NOT the legal parent. He had a DNA test but without a court order recognizing that it means NOTHING. But then again listen to LD. Okay. Maybe she will take you off the forum and give you legal advice.

 

[sarahh08]

Well for one, not everyone has the money to do things like that, and two, there is no way she can prove him unfit. DCF, child protective services, and even the courts know he is 100% fit. Please stay off my post from now on. You don't know what you are talking about.

 

[Ohiogal]

Well for one, not everyone has the money to do things like that, and two, there is no way she can prove him unfit. DCF, child protective services, and even the courts know he is 100% fit. Please stay off my post from now on. You don't know what you are talking about.

The wonder of the internet is that I do NOT hav eto stay off your post. The courts apparently do NOT know that he is 100% suitable to take care of this child or you would not have YET another hearing that he has to attend and grandma wouldn't have ANY case. As for having money -- if he didn't have money to petition for a test which he could have done pro se (without an attorney) he is not going to have money to raise the child.

 

[divona2000]

Maybe I missed it in OPs first post (not much white space there) but;

sarahh08, exactly when was the father legally declared, in court, to be the father?

 

[Ohiogal]

Maybe I missed it in OPs first post (not much white space there) but;

sarahh08, exactly when was the father legally declared, in court, to be the father?

What she said was the DNA test came back after mom died while child was in the hospital. But when the court LEGALLY ruled she never mentioned.

 

[LdiJ]

Sarah, please enable your private messages

In the upper right hand corner there is a link for private messages. Click on that and on the next page, on the left hand side, go to edit options. Then scroll down until you see enable private messages.

 

[Ohiogal]

Sarah, please enable your private messages

In the upper right hand corner there is a link for private messages. Click on that and on the next page, on the left hand side, go to edit options. Then scroll down until you see enable private messages.

That is right LD -- make sure you arrange to advise her off board.

 

[sarahh08]

He was declared the legal father in court on april 22nd, 2009. There are still hearings because the grandmother continues to file petitions, and the last judge is obviously on her side for the wrong reasons.

 

[Isis1]

He was declared the legal father in court on april 22nd, 2009. There are still hearings because the grandmother continues to file petitions, and the last judge is obviously on her side for the wrong reasons.

okay, this is what i'm thinking, if i misunderstand, i'll get corrected.

mom has child. dad is not dad in court. mom dies. dad is still not dad in court. child gets assigned to a caretaker. so now the case is between the caretaker and dad. dad gets established as dad in court. finally. after the child is already a ward of the state.

all this mess would have been avoided if dad was legally dad before mom passed.

in the end, yes, dad can fight tooth and nail, and WIN. but for now, he has a raod ahead for waiting for so long.

 

[sarahh08]

okay, this is what i'm thinking, if i misunderstand, i'll get corrected.

mom has child. dad is not dad in court. mom dies. dad is still not dad in court. child gets assigned to a caretaker. so now the case is between the caretaker and dad. dad gets established as dad in court. finally. after the child is already a ward of the state.

all this mess would have been avoided if dad was legally dad before mom passed.

in the end, yes, dad can fight tooth and nail, and WIN. but for now, he has a raod ahead for waiting for so long.

Yes it is a long road. Before mom died, orders were made for my fiance to take the DNA test, and he cooperated with everything. If the accident wouldnt have happened, there would have been a court date where he would be declared the father and get his rights. But unfortunately, the accident DID happen, so here we are. At least he was cooperating before the accident, which we obviously couldnt predict would happen, ya know?

 

[Ohiogal]

He was declared the legal father in court on april 22nd, 2009. There are still hearings because the grandmother continues to file petitions, and the last judge is obviously on her side for the wrong reasons.

Which means the state stepped in and declared the child dependent and grandma became a temporary caretaker. Which means GRANDMA has standing for visitation PER the law. Because even LD agrees that if the child has been found dependent the grandparent has standing. Guess what. Grandparent had standing. The law is clear.

 

[Ohiogal]

okay, this is what i'm thinking, if i misunderstand, i'll get corrected.

mom has child. dad is not dad in court. mom dies. dad is still not dad in court. child gets assigned to a caretaker. so now the case is between the caretaker and dad. dad gets established as dad in court. finally. after the child is already a ward of the state.

all this mess would have been avoided if dad was legally dad before mom passed.

in the end, yes, dad can fight tooth and nail, and WIN. but for now, he has a raod ahead for waiting for so long.

WRONG. Because dad was not legally dad, the state stepped in due to the child being dependent at that moment that mom died. Because DCFS was involved per the LAW in Florida grandma can get visitation.

 

[Isis1]

WRONG. Because dad was not legally dad, the state stepped in due to the child being dependent at that moment that mom died. Because DCFS was involved per the LAW in Florida grandma can get visitation.

for a second...i was confused. but i think i got it. by law, grandma CAN get visitation since she has now been legally a third party. but for every other weekend? would the same standards of a move away parent apply? at this point does said third party equal the child's other parent?