Father of my grandchild is filing for primary time-sharing on his Motion for Paternity. Scenario: Mom and dad never married conceived my granddaughter. Both parents shared custody until about 1.5 years ago. Father is now in Army in Korea. Now he's filing for paternity which on that paperwork you can request judge to give him the majority of parenting decisions and to have child live with him upon return and for mother (my daughter) to have ample visitation.
She now has to answer the summons that came with the paternity paperwork. What paperwork is required to answer the motion for paternity. she doesn't approve of what father is asking of the court? Actually, the other grandparents are doing this. On paternity paperwork it states for judge to grant parents of father the same rights as the father. Said child will be starting school this year and it was in agreement for said child to visit off and on until such time school starts and then the mother would have primary visitation with the child or primary custodial rights. Since law changed in 2008, now father is requesting primary time-sharing of said child.

What law do you think changed? Since there is already a court order giving the mother primary custody, it will be the father's job to show the court why the court should change the status quo.

Family Courts are generally less formal, so a letter from the mother stating why she feels the current court orders do not need to be changed should be sufficient.

However, if the grandparents are paying for a lawyer, then your daughter better have her own representation. Going up against a lawyer without one puts her 2 strikes down right off the bat.

There was no court order giving mom primary custody. It is just the law in Florida that if parents were never married, then the mother is primary custody and it was an agreement between the parents to have said child visit each other until school started.

I don't know how to reply to an answer so I'm hoping this may work. This is intended for Scott Gem who answered a question of mine concerning Paternity - Florida.
There was no court order giving mom primary custody. It is just the law in Florida that if parents were never married, then the mother is primary custody and it was an agreement between the parents to have said child visit each other until school started.

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Originally Posted by kbjork8274

I don't know how to reply to an answer so I'm hoping this may work. ...

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One doesn't reply to an answer unless the answer "... contains an affirmative defense and the opposing party seeks to avoid it, [in which case you would] file a reply containing the avoidance.. . " - Florida Rules of Civil Procedure, Rule 1.100 (a).

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Originally Posted by kbjork8274

... It is just the law in Florida that if parents were never married, then the mother is primary custody ...

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I don't believe that is a correct statement of the law.

Just use the Reply or Quick Answer options to post a reply to the thread.

Read AK's response. Why do you think she has to answer the summons? Does it include some instructions, or does it just give a date for a hearing?

Also, you may be misunderstanding the law. If you think there is a law, you need to cite the statute number so we can check it.

If no father is listed on the birth certificate and no father has been proved by DNA the mother would have an assumed custody.

If both are listed on the birth certificate, both father and mother have equal rights.

It is correct that until recently courts have been unfair to the father not allowing him equal rights and/or equal time. Many courts are much more correct in accepting either as parent.

Mother will need to show why the new arrangement isnot in best interest of the child,
** OK in reality the father will need to show why his motion is in the children's best interest.

If what the father is asking for was what was happening until recently his request may have legal merit.

Since he appears the father has an attorney, the mother needs an attorney also at this time, since it is harder to win against an attorney without one.

She received a summons of which "Petition for determination of paternity" was attached. In the petition he requested court to determine primary time-sharing of child with mother having ample visitation. Both parents are listed on birth certificate. She has to send in answer to summons within 20 days so would that be a "Motion to Answer Petition for determination of Paternity" or what?

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Originally Posted by AK lawyer

I don't believe that is a correct statement of the law.

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It is correct in that a father that isn't married to the mother normally has to assert his rights to parantage. If he never asserts his rights under the law then for the benefit of the law he isn't the legal parent of the child.

That is why it is the norm for us to tell OP's looking for custody that fathered a child outside of marriage to assert their rights and get a DNA test so they may become the legal father and make decisions in the child's life.