Custody question

[stephgts]

What is the name of your state? Florida

My ex and I had a daughter 10 and a half weeks ago. We were never married but his name is on the birth certificate. My question is, does that mean we both have 50/50 custody of her? Or would he have to take me to court to get parental rights? I'm wondering because he has her for an overnight visit right now, we had a fight, and I'm not sure if he's going to bring her back to me tomorrow as planned (she lives with me). I'm wondering if he doesn't bring her back and I don't hear from him, is it ok to call the police? As a last resort of course. But I need to know.

Oh and please, no one bash me. We were actually fighting because I don't feel like he sees her enough. I want her to know her dad. I believe it's important.

Thanks

 

[JETX]

We were never married but his name is on the birth certificate. My question is, does that mean we both have 50/50 custody of her? Or would he have to take me to court to get parental rights?

With his name on the certificate, he has equal rights to custody of the child.

I'm wondering if he doesn't bring her back and I don't hear from him, is it ok to call the police? As a last resort of course. But I need to know.

Of course you can call the police... but without a court order of custody, he has just as much right to her as you do.

 

[stephgts]

Thank you for the info. I guess it's about time to go get a court order. Probably really a good idea, since he's half a month late on our agreed child support. I'm wondering though, about how much it costs? Would we see a mediator or an actual judge? I'm not going to try to get full custody. I just want set days and times and what not so there won't be anymore fighting. Oh, and would I have to get a lawyer in order to get a court order?

 

[Ohiogal]

With his name on the certificate, he has equal rights to custody of the child.


Of course you can call the police... but without a court order of custody, he has just as much right to her as you do.

JETX you are WRONG! If they were never married, without a court order, mom has sole custody until a court determines otherwise.