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theswansons

Junior Member
What is the name of your state? Florida

My ex-husband lives in Georgia and I live in Florida. My daughter is 3 now and he hasn't tried to see her, get visitation or anything. I am remarried and doing better than ever. My daughter has a step father in her life whom she loves dearly. I can't do anything like get my daughter a passport cause the form needs her legal fathers signature and just things like that. My question is: A friend was telling me that I can put an add in the paper stating that Im wanting full custody of my daughter and if he doesnt respond I can get full custody.. Is that true and legal?? Also its been 3 years he hasnt been in her life, do I have to hire an attorney and get all of his rights? Shouldn't I already have all rights since he hasnt been around and has never paid child support and never seen her before. No papers have EVER been filed! I didnt seek child support because I don't need his help, I see it this was if he doesnt do it on his own why force him, he can just stay out of our lives.
 


B

betterthanher

Guest
theswansons said:
What is the name of your state? Florida

My ex-husband lives in Georgia and I live in Florida. My daughter is 3 now and he hasn't tried to see her, get visitation or anything. I am remarried and doing better than ever. My daughter has a step father in her life whom she loves dearly. I can't do anything like get my daughter a passport cause the form needs her legal fathers signature and just things like that. My question is: A friend was telling me that I can put an add in the paper stating that Im wanting full custody of my daughter and if he doesnt respond I can get full custody.. Is that true and legal?? Also its been 3 years he hasnt been in her life, do I have to hire an attorney and get all of his rights? Shouldn't I already have all rights since he hasnt been around and has never paid child support and never seen her before. No papers have EVER been filed! I didnt seek child support because I don't need his help, I see it this was if he doesnt do it on his own why force him, he can just stay out of our lives.
Whoa there Nelly! Let's back off on the "blame the ex-husband" march! First of all, he's not paying child support because he's not legally obligated to. You even stated you didn't need his help, so you didn't ask for child support. It's a non-issue. Period and end of discussion on that one.

No, you don't have "all the rights." Visitation is a priviledge, not an obligation. No parent is under any obligation to visit their children.

You certainly can petition for stepparent adoption. In this case, you *might* even have a case for abandonment. I say "might" because you didn't file for child support, so it's not like he's not disobeying a court order. Research your state laws on abandonment in FL.
 

snostar

Senior Member
theswansons said:
A friend was telling me that I can put an add in the paper stating that Im wanting full custody of my daughter and if he doesnt respond I can get full custody.. Is that true and legal??
No.

Shouldn't I already have all rights since he hasnt been around and has never paid child support and never seen her before.
As long as the child was a product of the marriage, he is the presumed legal father. Why wasn't custody/visitation/CS address in your divorce?
 

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