1 Year Olds Mother Overstayed her Visa

L

lobocoder

New Member
Jurisdiction
Florida
Long story short, my 1-year-old son's mother is from Guyana. She came here from Guyana to visit, ended up getting pregnant and overstayed her visitor's visa, and gave birth here.

Things went downhill with the relationship, and it doesn't look like us being together is in the future. She currently lives here with me and my son. She's overstayed over 365 days, so she would get a bar if she left the country. She has made comments about trying to take our son to Guyana with her.

What are my odds here? I want my son in my life and would like to get primary custody. Can she really get custody and take him to Guyana?

Obviously, I'm going to be speaking with attorneys.
 
If you weren't married, LEGALLY, the child isn't your son.

I suggest you simply discuss your concerns with a couple attorneys nearby.
 
army judge said:
If you weren't married, LEGALLY, the child isn't your son.
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Not necessarily. If the parents executed the affidavit of paternity at the time of birth, or there was a subsequent court action, he can legally have paternity.

What his options are depend on just what has transpired, which we don't have the details. Even with details, it's going to take a Florida family law attorney.
 
lobocoder said:
What are my odds here?
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Odds? This isn't a casino.

lobocoder said:
I want my son in my life and would like to get primary custody. Can she really get custody and take him to Guyana?
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Let's start with a few questions:

1. Was your paternity of this child ever established? If so, how was it established? Note that "my name is on the birth certificate" is not an answer to that question.

2. Is there a court order setting forth your and the mother's respective custody, visitation and support rights?

3. Do the child and the mother live with you? If not, are they in the same state as you?
 
zddoodah said:
1. Was your paternity of this child ever established? If so, how was it established? Note that "my name is on the birth certificate" is not an answer to that question.
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In Florida, it is a sign that paternity was established. The father's name only occurs on birth certificate there if the mother was married (not in this case) or if both parties mutually sign the affidavit of paternity.
 
zddoodah said:
Odds? This isn't a casino.

Let's start with a few questions:

1. Was your paternity of this child ever established? If so, how was it established? Note that "my name is on the birth certificate" is not an answer to that question.

2. Is there a court order setting forth your and the mother's respective custody, visitation and support rights?

3. Do the child and the mother live with you? If not, are they in the same state as you?
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1. Baby was born in a different state, all they had me sign was the birth cert.

2. No, nothing has gone to court at this point.

3. Yes they live with me.
 
flyingron said:
In Florida, it is a sign that paternity was established. The father's name only occurs on birth certificate there if the mother was married (not in this case) or if both parties mutually sign the affidavit of paternity.
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Sorry I should have specified, baby was born in AZ. They had me sign the birth cert and that was all.
 
lobocoder said:
Sorry I should have specified, baby was born in AZ. They had me sign the birth cert and that was all.
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Who is "they". Please clarify how you came to "sign the birth certificate"? Was this part of a court action? Was there a DNA test done to confirm you are the biological father?


One doesn't "sign" a BC...one signs an AoP.
 
lobocoder said:
1. Baby was born in a different state, all they had me sign was the birth cert.
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It is fairly uncommon for both parents to sign the actual birth certificate (and it is not uncommon for neither parent to sign).

Regardless, I suggest you take the child's birth certificate to a local family law attorney and discuss whether it is sufficient to regard paternity as having been established and then discuss filing an action to obtain a court order regarding custody, visitation and child support.

Keep in mind that, until you have such an order, you have no enforceable parental rights. The mother could, if she wanted take the child anywhere in the U.S. without your knowledge or permission. She should not be able to take the child out of the country because she should not be able to get a passport for the child without your consent. However, it's possible that she could obtain one by false pretenses. I therefore suggest you act without delay.
 
lobocoder said:
Sorry I should have specified, baby was born in AZ. They had me sign the birth cert and that was all.
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Are you sure you didn't sign an Acknowledgement of Paternity?

This is what it takes to establish paternity in Arizona:

There are several ways you can establish paternity:

  1. At the hospital by signing a Acknowledgment of Paternity form that is available at all hospitals and birthing centers for unwed parents to complete and sign after their child is born. After the Acknowledgment of Paternity is signed, nurses and birth recorders can help to legally establish paternity for a child.
  2. Both parents may come into a DCSS office to fill out and sign the Voluntary Affidavit Acknowledging Paternity form that is filed by the DCSS through the Hospital Paternity Program (HPP) to establish paternity.
  3. A Voluntary Acknowledgment of Paternity, signed by both parents, can also be filed with the court or an administrative agency to establish legal parentage.
  4. The Acknowledgment of Paternity is also available at all Vital Records offices.
  5. If one parent is uncooperative in establishing paternity on a case opened with DCSS, the case may be referred to the Assistant Attorney General's Office for a court hearing to establish paternity and a child support order.

    If you are unsure of paternity, genetic testing may be needed to prove the identity of the father. DCSS will pay this cost until paternity is established. If the father's identity is established through genetic testing, he is then responsible for paying this cost which is $31.75 each for mother, father, and child.
Florida says similarly the same thing:

If the parents are unmarried when the child is born … (At Birth)
If the mother and father are not married when the child is born, the child's father can fill out and sign the Paternity Acknowledgment form (also called the DH-511) in the hospital. Both parents must fill out and sign the form in the presence of a notary public provided by the hospital. This is the quickest and easiest way to establish paternity when the mother and father are not married.

The man that signs the DH-511 form is the legal father as soon as the form is complete. The hospital will send the form to the Florida Bureau of Vital Statistics so they can record the birth. The legal father's name will also be on the birth certificate when it is recorded. Note: This option cannot be used if the mother is married when the child is born.

Since not born in Florida if you went to establish paternity in Florida if you didn't in AZ:

If the parents are unmarried after the child's birth … (0-18 Years)
After the child's birth and any time until the child reaches age 18, the mother and child's father can establish paternity if they fill out and sign the Acknowledgment of Paternity form (Form DH-432) *. Both parents must fill out and sign this form in the presence of two witnesses or a notary public. This form is also available by visiting your local Florida Health Department, the Florida Bureau of Vital Statistics in Jacksonville, or one of the Florida Department of Children and Families offices.

Mail the completed form to the Florida Bureau of Vital Statistics and they will change the birth certificate to add the legal father's name. Note: This option cannot be used if the mother was married when the child was born.
 
Honestly, I have no clue what I signed in the hospital in AZ. I do remember signing a document in the hospital and then we eventually got to pick up copies of the birth cert at a local office.

I am on the birth certificate if that means anything. Would it have been possible for me to fill out another form in the AZ hospital to be put on the certificate, but not establish paternity?

If she files for full custody (this way she can get a passport for him without my consent), what's the likelihood of a judge approving it? I truly think her intention is to get full custody and take him out of the country.
 
lobocoder said:
Honestly, I have no clue what I signed in the hospital in AZ. I do remember signing a document in the hospital and then we eventually got to pick up copies of the birth cert at a local office.

I am on the birth certificate if that means anything. Would it have been possible for me to fill out another form in the AZ hospital to be put on the certificate, but not establish paternity?

If she files for full custody (this way she can get a passport for him without my consent), what's the likelihood of a judge approving it? I truly think her intention is to get full custody and take him out of the country.
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Does the baby have a passport?
 
lobocoder said:
They had me sign the birth cert
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lobocoder said:
I have no clue what I signed in the hospital in AZ.
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Sigh....

lobocoder said:
Would it have been possible for me to fill out another form in the AZ hospital to be put on the certificate, but not establish paternity?
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Probably not, but it does matter what you signed. As I suggested previously, take the birth certificate (and any other relevant documentation) to a local family law attorney. The longer you wait, the more likely it becomes that the mother and child disappear.

lobocoder said:
If she files for full custody (this way she can get a passport for him without my consent), what's the likelihood of a judge approving it?
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No one here has any way of intelligently predicting the outcome of a case about which we know virtually no relevant facts. That said, joint legal custody is the norm.

lobocoder said:
I truly think her intention is to get full custody and take him out of the country.
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All the more reason to get yourself to a lawyer's office and be proactive.
 
lobocoder said:
Honestly, I have no clue what I signed in the hospital in AZ. I do remember signing a document in the hospital and then we eventually got to pick up copies of the birth cert at a local office.

I am on the birth certificate if that means anything. Would it have been possible for me to fill out another form in the AZ hospital to be put on the certificate, but not establish paternity?

If she files for full custody (this way she can get a passport for him without my consent), what's the likelihood of a judge approving it? I truly think her intention is to get full custody and take him out of the country.
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Get a lawyer asap.
 

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