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cuteemmy · Feb 11, 2009, 06:43 PM

I live in Florida, my boyfriends name is on the birth certificate but he never signed rights to paternity. I want sole physical custody of our baby since she has been living with me since she was born(she is now almost 5 months). He has never visited, it is usually me bringing her to him and just wrote a first check for support after almost 5 months of no support, stating that he could lose his job and get in trouble if he didn't give me that check. He wants me to sign some paternity papers so he can establish his rights, but I am afraid that if I sign those papers I will not get sole legal custody and he may file for sole custody. Should I file for sole legal custody before I sign the paternity papers?I told him that the baby didn't need child support, so do I even need to sign paternity papers. I won't deny him visitation, I just want her to reside with me. I need answers please.

ScottGem · Feb 11, 2009, 07:06 PM

First you need to read those papers carefully. Second, you need to understand the different forms of custody. There are two; legal and physical. Legal custody refers to the decision making over the child's rearing. Physical custody refers to who the child will live with.

I don't think you have a chance of getting sole legal custody if the father wants to be part of the child's life. But, neither would he. Unless he can prove you unfit he'sunlikely to get physical custody. But he should get visitation. He a;lso will probably be required to pay support.

cuteemmy · Feb 11, 2009, 07:22 PM

Actually I had to edit my question, so this is the question I actually intended to ask
cuteemmy;1543406]I live in Florida, my boyfriends name is on the birth certificate but he never signed rights to paternity. I want sole physical custody of our baby since she has been living with me since she was born(she is now almost 5 months). He has never visited, it is usually me bringing her to him and just wrote a first check for support after almost 5 months of no support, stating that he could lose his job and get in trouble if he didn't give me that check. He wants me to sign some paternity papers so he can establish his rights, but I am afraid that if I sign those papers I will not get sole physical custody and he may file for sole custody. Should I file for sole physical custody before I sign the paternity papers?I told him that the baby didn't need child support, so do I even need to sign paternity papers. I won't deny him visitation, I just want her to reside with me. I need answers please

ScottGem · Feb 11, 2009, 07:42 PM

Doesn't look any different so my answer doesn't change. I can add that he doesn't need you to sign the papers. All he has to do is petition the court to do a paternity test. If he comes back positive then he'll be declared the legal father.

Fr_Chuck · Feb 11, 2009, 09:06 PM

If he is on the birth certificate he already has full rights

What has to be done now is a custody agreement, and a parenting plan and a child support agreement.

You will need to work those issues out in court.

He will get at least visits ad some over nights. And there will be court ordered child support.

You may get legal physical custody, most likely he can get joint legal custody.

So time for an attorney and work out the details.

JudyKayTee · Feb 12, 2009, 07:41 AM

[QUOTE=Comments on this post
NAPALMFACE agrees: Chuck I have to admit on this one you are right. Whomever is acknowledged as Daddy, by Court or by the mother has them Daddy rights!.[/QUOTE]

I disagree - there are no "automatic" rights to the father. Name on birth certificate or no name on birth certificate, if the mother doesn't want to cooperate she is not under any legal obligation to do so unless and until the Court issues an Order.

OP needs to go to Court and also get a child support Order. If she doesn't want the money then she should put it in the bank for the child's education.