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visitation in FL

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TylerX12

Junior Member
My question involves a child custody case from the State of: Florida
This is a complicated case so i will start from the beginning. My daughter was born 3 months ago today. I am 20 and the mother is 16. I currently have no license so i visit my daughter when ever i can find a ride, but the mother (and her mom?) will not allow me to come pick up my daughter to spend time with her at my house for even an hour. Is that even legal? My side of the family would also like to spend time with her without having to go to her house. Her common excuses for this are "shes breastfed and im not a machine i wont pump bottles for her" and "my family is untrustworthy" with no evidence to back this up . I do know her mom does not like me. Me and my family have tried to get to know her mom but she wants nothing to do with us. I tell the mother that she can come over to but she says her mom wont let her leave and that if she cant leave neither can the baby. Again, is that even legal? BTW, I am on the birth certificate as the father.

EDIT: how much would i be charged for child support with no job, and how much would i be charged for having say a minimum wage job?
Also is it possible to get visitation with my daughter at my own home?
 


Ohiogal

Queen Bee
My question involves a child custody case from the State of: Florida
This is a complicated case so i will start from the beginning. My daughter was born 3 months ago today. I am 20 and the mother is 16. I currently have no license so i visit my daughter when ever i can find a ride, but the mother (and her mom?) will not allow me to come pick up my daughter to spend time with her at my house for even an hour. Is that even legal?
Yep it is legal. YOU need to file to establish paternity/custody/visitation in court if you want enforceable rights and to be legally declared daddy.

My side of the family would also like to spend time with her without having to go to her house. Her common excuses for this are "shes breastfed and im not a machine i wont pump bottles for her" and "my family is untrustworthy" with no evidence to back this up .
At this point YOU are NOT daddy.

I do know her mom does not like me.
Can you blame her mother? YOU -- an adult -- got a CHILD pregnant. While you did not commit statutory rape, I can't blame the child's mother for being upset that an adult impregnated her.

Me and my family have tried to get to know her mom but she wants nothing to do with us. I tell the mother that she can come over to but she says her mom wont let her leave and that if she cant leave neither can the baby. Again, is that even legal?
Your girlfriend's mother controls girlfriend. the girlfriend is responsible for her child. Yes it is legal.
BTW, I am on the birth certificate as the father.
Congrats. You still have NO enforceable rights. You need to go to court.

EDIT: how much would i be charged for child support with no job, and how much would i be charged for having say a minimum wage job?
Depends. You may very well be imputed an income.

Also is it possible to get visitation with my daughter at my own home?
Yes it is possible.
 

LdiJ

Senior Member
My question involves a child custody case from the State of: Florida
This is a complicated case so i will start from the beginning. My daughter was born 3 months ago today. I am 20 and the mother is 16. I currently have no license so i visit my daughter when ever i can find a ride, but the mother (and her mom?) will not allow me to come pick up my daughter to spend time with her at my house for even an hour. Is that even legal? My side of the family would also like to spend time with her without having to go to her house. Her common excuses for this are "shes breastfed and im not a machine i wont pump bottles for her" and "my family is untrustworthy" with no evidence to back this up . I do know her mom does not like me. Me and my family have tried to get to know her mom but she wants nothing to do with us. I tell the mother that she can come over to but she says her mom wont let her leave and that if she cant leave neither can the baby. Again, is that even legal? BTW, I am on the birth certificate as the father.

EDIT: how much would i be charged for child support with no job, and how much would i be charged for having say a minimum wage job?
Also is it possible to get visitation with my daughter at my own home?
Of course her mother is not happy with you. A 20 year old man impregnated her 15 or 16 year old daughter.

You need to file to establish paternity/child support/custody/parenting time. You will be imputed at least 40 hours at minimum wage for child support purposes.
 

Just Blue

Senior Member
Where are all the biased opinions coming from? Legal ADVICE please...
OhioGAL is an attorney/Guardian Ad Litum. Until paternity is established and there is a court order, you have no legal right to visit with this child...I should clarify that you have no rights to see either child (Mom or Baby).
 

Ohiogal

Queen Bee
Where are all the biased opinions coming from? Legal ADVICE please...
I was NOT biased. I gave legal advice based on the law. The fact that maternal grandmother (girlfriend's mother) does not like you is NOT surprising. A judge would NOT find it surprising. A judge would be surprised that you mention the fact that she doesn't like you as though that is amazing. You are an adult who impregnated her minor child. That sentence is a fact. Not too many parents are going to be thrilled or happy about that nor are too many going to welcome the adult with open arms.
 

Artemis_ofthe_Hunt

Senior Member
Where are all the biased opinions coming from? Legal ADVICE please...
You want it straight from your state? Here you are:
The Florida Department of Children and Families

Child - any born, unmarried person less than 18 years old who has not been emancipated by order of the court.


B. Definition of Caretaker Responsible (Child): Every child should expect to be safe and protected when in the care of:
a PARENT, even if the parent is a minor; or
a LEGAL CUSTODIAN; or
an ADULT HOUSEHOLD MEMBER found in the home continually or at regular intervals; or
ANOTHER ADULT who has been entrusted with, or voluntarily assumed responsibility for the care of the child; or.
ANOTHER CHILD who is an employee or volunteer of a daycare, public or private school, agency, summer camp or similar facility when given sole responsibility for the care of the child.

Here's straight from state statute:
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0742/SEC10.HTM&Title=->2009->Ch0742->Section%2010#0742.10
1) Except as provided in chapters 39 and 63, this chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock. If the establishment of paternity has been raised and determined within an adjudicatory hearing brought under the statutes governing inheritance, or dependency under workers' compensation or similar compensation programs; if an affidavit acknowledging paternity or a stipulation of paternity is executed by both parties and filed with the clerk of the court; if an affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as provided for in s. 382.013 or s. 382.016 is executed by both parties; or if paternity is adjudicated by the Department of Revenue as provided in s. 409.256, such adjudication, affidavit, or acknowledgment constitutes the establishment of paternity for purposes of this chapter. If an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity, which is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), creates a rebuttable presumption, as defined by s. 90.304, of paternity and is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier. Both parents must provide their social security numbers on any acknowledgment of paternity, consent affidavit, or stipulation of paternity. Except for affidavits under seal pursuant to ss. 382.015 and 382.016, the Office of Vital Statistics shall provide certified copies of affidavits to the Title IV-D agency upon request.

742.031 Hearings; court orders for support, hospital expenses, and attorney's fee.--

(1) Hearings for the purpose of establishing or refuting the allegations of the complaint and answer shall be held in the chambers and may be restricted to persons, in addition to the parties involved and their counsel, as the judge in his or her discretion may direct. The court shall determine the issues of paternity of the child and the ability of the parents to support the child. Each party's social security number shall be recorded in the file containing the adjudication of paternity. If the court finds that the alleged father is the father of the child, it shall so order. If appropriate, the court shall order the father to pay the complainant, her guardian, or any other person assuming responsibility for the child moneys sufficient to pay reasonable attorney's fees, hospital or medical expenses, cost of confinement, and any other expenses incident to the birth of the child and to pay all costs of the proceeding. Bills for pregnancy, childbirth, and scientific testing are admissible as evidence without requiring third-party foundation testimony, and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child. The court shall order either or both parents owing a duty of support to the child to pay support pursuant to s. 61.30. The court shall issue, upon motion by a party, a temporary order requiring child support pursuant to s. 61.30 pending an administrative or judicial determination of parentage, if there is clear and convincing evidence of paternity on the basis of genetic tests or other evidence. The court may also make a determination of an appropriate parenting plan, including a time-sharing schedule, in accordance with chapter 61.

(2) If a judgment of paternity contains only a child support award with no parenting plan or time-sharing schedule, the obligee parent shall receive all of the time-sharing and sole parental responsibility without prejudice to the obligor parent. If a paternity judgment contains no such provisions, the mother shall be presumed to have all of the time-sharing and sole parental responsibility.

(3) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

(4)(a) A court may, upon good cause shown and without a showing of a substantial change of circumstances, modify, vacate, or set aside a temporary support order before or upon entering a final order in a proceeding.

(b) The modification of the temporary support order may be retroactive to the date of the initial entry of the temporary support order; to the date of filing of the initial petition for dissolution of marriage, petition for support, petition determining paternity, or supplemental petition for modification; or to a date prescribed in s. 61.14(1)(a) or s. 61.30(11)(c) or (17), as applicable.

742.107 Determining paternity of child with mother under 16 years of age when impregnated.-- (1) The Legislature intends to facilitate the criminal prosecution of persons 21 years of age or older who have impregnated a child under 16 years of age by ensuring that paternity is determined for a dependent child whose mother was impregnated while under 16 years of age.

(2) Whenever paternity has not been established for a dependent child whose mother was impregnated with the child while under 16 years of age, the mother shall be required to identify the father of the child and cooperate as provided in s. 409.2572, including Human Leukocyte Antigen or other scientific tests.

(3) Whenever the information provided by a mother who was impregnated while under 16 years of age indicates that the alleged father of the child was 21 years of age or older at the time of conception of the child, the Department of Revenue or the Department of Children and Family Services shall advise the applicant or recipient of public assistance that she is required to cooperate with law enforcement officials in the prosecution of the alleged father.

(4) When the information provided by the applicant or recipient who was impregnated while under age 16 indicates that such person is the victim of child abuse as provided in s. 827.04(3), the Department of Revenue or the Department of Children and Family Services shall notify the county sheriff's office or other appropriate agency or official and provide information needed to protect the child's health or welfare.
(5) The confidentiality of any records under this chapter, relating to determination of paternity, does not prohibit the sharing of information for the purpose of cooperating with an ongoing criminal investigation.


I find it sickening that you, as an adult had sexual relations with a child, and now you are crying that you are not allowed to visit with a child you haven't been determined by LAW that you are the father. Man up, go to court to determine that you are the father, get a job and support your child.

Your attitude to the previous posters is out of line. You came here, asked a question were given answers by an attorney and want to know where she's coming from? Read the above VERY carefully, particularly the section that I've underlined and bolded.:mad:
 

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