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    ke22ba's Avatar
    ke22ba Posts: 1, Reputation: 1
    New Member
     
    #1

    May 7, 2009, 08:08 AM
    Parents never married. Can he get custody?
    Question about Florida family law...
    I have a baby that is just a few months old. Her father and I are not married. In fact, we weren't even dating when she was conceived. She has my last name and his name is not on her birth certificate. He wants to be involved and I am OK with that as long as he doesn't try to get custody. I can't stand the thought of my baby being away from me. The agreement we have right now is he comes over 3 days a week for an hour and two hours on both Saturday and Sunday. So he sees her (at my house) 5 days a week. As for the money, I keep track of what I spend on her and we split it at the end of the month. It only comes to less than 250 a month. I know I could get a whole lot more, but I’m willing to sacrifice the money if I'm able to maintain some kind of control over the visitation.

    My question is... if this goes to an attorney what will he be able to get visitation wise? (First he'll have to request a paternity test.) Would a judge really take a three month old baby away from its mother? (note: I am breastfeeding.)

    Any help you can give would be greatly appreciate!
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    May 7, 2009, 10:06 AM
    Quote Originally Posted by ke22ba View Post
    Question about Florida family law...
    I have a baby that is just a few months old. Her father and I are not married. In fact, we weren't even dating when she was conceived. She has my last name and his name is not on her birth certificate. He wants to be involved and I am ok with that as long as he doesn't try to get custody. I can't stand the thought of my baby being away from me. The agreement we have right now is he comes over 3 days a week for an hour and two hours on both Saturday and Sunday. So he sees her (at my house) 5 days a week. As for the money, I keep track of what I spend on her and we split it at the end of the month. It only comes to less than 250 a month. I know I could get a whole lot more, but I’m willing to sacrifice the money if I'm able to maintain some kind of control over the visitation.

    My question is... if this goes to an attorney what will he be able to get visitation wise? (First he'll have to request a paternity test.) Would a judge really take a three month old baby away from its mother? (note: I am breastfeeding.)

    Any help you can give would be greatly appreciate!
    Initially he would probably get about what he has right now, maybe a bit less since the court cannot order you to be nice. As the child is weened he should be able get take away visitation and eventually over nights/weekend or even joint custody.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 7, 2009, 10:50 AM

    As a breastfeeding mother you will maintain a significant amount of control. But as the child gets older, he will be allowed more and more visitation.

    So either you adjust as she gets older or he is going to go to court and force the issue. Frankly, if I were him I would go to court now and get everything formalized.

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