Last Oct. 30, 2007 the mother of my son signed over custody to me and all her parental rights. It was just a notarized letter. She hasn't had any contact with me or our son since December 25th, 2007. We were not married. She is now married. Can she and/or her husband come back and take the child? No one is named as father on the birth certificate. We live in Florida, would no contact for almost a year be abandonment? Thank you.

Mom's notarized waiver of parental rights plus a year with no contact would give dad a substantial defense in VA or MD, where I practice. I don't know about FL.

But to make the waiver stick, you should probably be prepared to prove it was signed voluntary (not coerced), and mom has known where to locate you ever since she gave it to you. I would also get a lawyer if she files anything.

No she didn't get rid of any rights. Only a court can do that and they seldom do (only if the parent is a danger to the child or to make way for an adoption). So, what you need to do as soon as you can like first thing in the morning if possible is get emergency custody from the court. You will also have to petition the judge to order a DNA test so you can be added as father on the because and have legal custody.

OK thank you. If she was married before she gave me the custody, could her husband come and take my son? He didn't sign off on anything.

Are you sure that her husband isn't on the because as father? Were they married when the child was born? Because in many states the husband is presumed to be the father unless proven otherwise. So if they were not married and he isn't on the B/C then he would have no legal right to him either. But like I said you really need to act on this as absolutely fast as possible.

Thank you. No they weren't married until 4 months after he was born and no he isn't on the birth certificate.