seeksthetruth
New Member
I am seeking full custody of my daughter, which many have told me is a very hard battle to wage in Florida.
The mother and I were never married because after she gave birth she started using drugs again and turned out to be unfaithful. (When I learned that she was having sex with other men in my house, the wedding was off and I left her.) I knew she was using drugs but was hesitant to take action because I knew I couldn't provide for my daughter (I was living wherever I could, switching jobs frequently, etc) and was afraid she would end up a ward of the state.
The mother and I never went to court to determine custody. However, we did form a child-support order through the department of revenue. I always paid.
Last summer I found myself a house, a steady job, and the support I needed to go after the mother. She signed an agreement (which wasn't notarized) promising to go to rehab and giving me temporary custody of our daughter.
The mother never went to rehab, so I continued to keep our daughter with me and took her to the maternal grandparent's house on the weekends to spend time with her mother. This has continued until March of this year, when the mother showed up with the Sheriff and attempted to take our daughter with her. She couldn't because there was no custody order. The following day, my wife and I filed a paternity suit against her. We also filed for reimbursement of the child support that I have been continuing to pay despite the fact that she didn't have our daughter. (Department of Revenue would not stop it).
The mother failed to respond to our petition, but she was put in jail for burglary and fraud a few days after she was served so now she is saying that I cannot file a motion for default because she was "unable" to respond.
I know she has access to a law library with all the forms in the detention center, so can't I file for default anyway?
The mother and I were never married because after she gave birth she started using drugs again and turned out to be unfaithful. (When I learned that she was having sex with other men in my house, the wedding was off and I left her.) I knew she was using drugs but was hesitant to take action because I knew I couldn't provide for my daughter (I was living wherever I could, switching jobs frequently, etc) and was afraid she would end up a ward of the state.
The mother and I never went to court to determine custody. However, we did form a child-support order through the department of revenue. I always paid.
Last summer I found myself a house, a steady job, and the support I needed to go after the mother. She signed an agreement (which wasn't notarized) promising to go to rehab and giving me temporary custody of our daughter.
The mother never went to rehab, so I continued to keep our daughter with me and took her to the maternal grandparent's house on the weekends to spend time with her mother. This has continued until March of this year, when the mother showed up with the Sheriff and attempted to take our daughter with her. She couldn't because there was no custody order. The following day, my wife and I filed a paternity suit against her. We also filed for reimbursement of the child support that I have been continuing to pay despite the fact that she didn't have our daughter. (Department of Revenue would not stop it).
The mother failed to respond to our petition, but she was put in jail for burglary and fraud a few days after she was served so now she is saying that I cannot file a motion for default because she was "unable" to respond.
I know she has access to a law library with all the forms in the detention center, so can't I file for default anyway?
