child custody

[nebulaaurora]

WHO HAS CUSTODY? my daughter or her ex boyfriend. There is no agreement by the court. This is in FLorida

 

[irish223]

An unwed mother has sole custody of her child. The father may petition the court for custody or visitation, but until then the mother has custody.

 

[nebulaaurora]

There is alot more to this than what i asked.

 

[irish223]

Then I suppose you should explain.

 

[Duranie]

if paternity has been established by Dad signing the birth paperwork than in many states Dad still has rights. unmarried moms do not automatically have sole custody if this has never gone to court. If Dad has not established paternity meaning he did not complete the birth paperwork or has not taken a court ordered DNA test then he has no rights. What exactly is the issue here?

 

[nebulaaurora]

First my daughter has 2 children, but only one is with her. My granddaughter lives with me and my mother. My daughter lost custody because she left her in a car. She made a big mistake and pays for it emotionally. She see her whenever she wants, because we know she would not physically hurt her. As for her other child (Nathan), she has not done anything to cause her to loss him. Nathan's father has physically threaten her and is verbally abusive. He has threaten to take Nathan and dissapper and did for about 2 days. She was told my a coworker of his that he was going to Tenn. She called the police. He did return the child a couple hours later. He does not pay child support. My mother and I supported them when she left him and Nathen lived with us for a year. Recently, my daughter was invited by his mother to move in with her and her mother, to look for a permanent job and so they can spend time with Nathan. The ex move in too. Last week, her and her ex got into a verbal fight. My daughter tried to leave and take Nathan to the store to calm down. He would not let her. His mother took Nathan out of the car and refused to give him back. He restainted her to prevent her from getting Nathan. She bite him to get away. His grandmother tried to physcially stop her from call 911. She was able to call the police. Now DCF is involved. I am worried that they are trying to take Nathan from her (not DCF) and will try to stop her from taking her son away from them. She is trying to work with them and DCF. Can she leave without him trying to charge her with kidnapping and something else?

 

[nebulaaurora]

P.S. He did sign the birth cert.

 

[Duranie]

If DCF is involved then she should not leave with the child. Your story is a little confusing. why doesn't he pay child support, is there an order for child support? Child support has little to do with custody anyways. Did the court order no child support or has mom never filed? If she never filed then she is not entitled to CS. As far as your daughter leaving the child in a car, many kids die this way so that is very serious. DCF is involved because of the domestic violence issue. Your daughter technicalluy assaulted someone. So if she has already lost custody of one child, and now this, she is not going about anything the right way.

She needs to get her life together including a stable, safe place to live and a job.

Dad does have some rights if he is on the birth cert. If there is no court order then both parents have rights. Seems to me mom needs to get an attorney and file for custody but Dad can certainly fight her. Was mom charged with anything? Who has the child now? If DCF is involved it is VERy important she do what they ask. She needs to prove that she is the better, more stable parent but at this point that is questionable.

Why did she move in with her ex's mother and not you? Just curious.

 

[nebulaaurora]

Her daughter is in mine and my mother custody. Nathan is not apart of that case. They are 2 separate cases. She was initally charged in Adrianna's case with a felony but it was reduced to a misdeminor because she was making a effort. Adrianna is 6 and Nathan is 18 months.
In Nathan case, there is no child support order. She did not file. As for her assulting someone, she was being restainted physically by her ex and the only way she could get away from him was to bite him. Nathan is still with my daughter in that house.
She has tried to get her life together but its hard without a job. She has looked but all she can do at this time is day labor. She moved there to seek employment because she could not find anything here.
He has a criminal record. He is bipolar and will not take meds. (he told me himself). He has made verbal threats to "put her in a ditch". I have tried to tell my daughter that is manipulating her. I know he is verbally abusive because I have witness it myself. But he keeps manipulated her.
My daughter has had her problems. I am not one to sugar coat it. I WILL call DCF on her if I thought Nathan was in danger by her. I only brought up Adrianna because he made sure it was brought to the police. I know he is trying to use it against her. She was totally honest with the police and DCF about the case concerning her daughter. She will work with DCF. My concern is until there is a court order, he and his family will try everything they can to take Nathan away. She is a care and loving mother to Nathan. She is not perfect. She would believe our suspicions. She wants to see the best in this case.
My mother and I have seen their actions and believe the worst based on their words and action.