Legal Rights to Child Born Out of Wedlock

[Elaine N Rick]

Jurisdiction

Florida

Hello. My question is in Florida, if a child is born out of wedlock, does the father have any parental or legal rights to the child? Or must he go to court to obtain any visitation rights?

If the father has no rights, can we inform the child's school that the father is not allowed to take the child out of school? Or would a document filed with the court be necessary?

Thank you.

 

[army judge]

Hello. My question is in Florida, if a child is born out of wedlock, does the father have any parental or legal rights to the child? Or must he go to court to obtain any visitation rights?

If the father has no rights, can we inform the child's school that the father is not allowed to take the child out of school? Or would a document filed with the court be necessary?

Thank you.

An unmarried male has to jump through many legal hoops to prove his paternity.
Even after that is done, he has no inherent custodial rights to the child.

You, as the mother of a child born out of wedlock, have ALL the parental rights to the child.

You can inform the school in writing that YOU are the sole custodial parent of the child, and hat "JOE BLOW - or whatever his name is" is NOT to be allowed to contact the child or remove the child from school.

If Joe Blow goes to court, you'll be notified along the way, and can be there to have your say.

if Joe Blow has committed domestic violence upon you, make sure the court knows when the time arrives.

 

[Elaine N Rick]

An unmarried male has to jump through many legal hoops to prove his paternity.
Even after that is done, he has no inherent custodial rights to the child.

You, as the mother of a child born out of wedlock, have ALL the parental rights to the child.

You can inform the school in writing that YOU are the sole custodial parent of the child, and hat "JOE BLOW - or whatever his name is" is NOT to be allowed to contact the child or remove the child from school.

If Joe Blow goes to court, you'll be notified along the way, and can be there to have your say.

if Joe Blow has committed domestic violence upon you, make sure the court knows when the time arrives.

Thank you so much for responding! Really appreciate it. Does it matter if we put him on the birth certificate as the father though? Never legally married though...

 

[army judge]

Thank you so much for responding! Really appreciate it. Does it matter if we put him on the birth certificate as the father though? Never legally married though...

No, he still must go to court and seek visitation, which will probably be supervised for several years.

T\In most cases, the child would probably be 3 or 4 years old before the possibility of overnight visits could possibly occur.

If the child is of pre-school age or kindergarten, 1st grade, the court upon motion of the father will work with a social worker to develop a plan for the man to establish a relationship with the child.

For right now, and until he goes to court, he has nothing.

I would suggest that when he starts the process, if he ever does, you file for child support.

Read this to learn how, if you haven't done that already, and wish to look into it:

FL Dept Rev - Apply For Child Support Services

 

[Elaine N Rick]

Thank you for the website! I am thinking about filing for child support but would only feel comfortable with supervised visits. The child is 8 and he has never cared for her in any way nor does he spend time with her or see her often. Hopefully this would be enough for the court to only grand supervised visits?

I am assuming this is the case but since Florida is not a common law state, can he can just cut me off financially from one minute to the next? Which is what he is threatening to do at the moment. I have not worked for over 10 years because he has not wanted me to and he has been the sole provider. He uses this when he feels like it and doesn't provide money or food which will leave my son and I without eating for days.

 

[army judge]

Thank you for the website! I am thinking about filing for child support but would only feel comfortable with supervised visits. The child is 8 and he has never cared for her in any way nor does he spend time with her or see her often. Hopefully this would be enough for the court to only grand supervised visits?

I am assuming this is the case but since Florida is not a common law state, can he can just cut me off financially from one minute to the next? Which is what he is threatening to do at the moment. I have not worked for over 10 years because he has not wanted me to and he has been the sole provider. He uses this when he feels like it and doesn't provide money or food which will leave my son and I without eating for days.

Generally visits for a person that has had no regular contact with a child start out supervised with a social worker, and the person has to pay those costs.

If he chooses not to pay, that will also teach you something, and you can act accordingly.

Those are decisions you must make alone, or after consulting someone you trust dearly.

That said, if you don't have a child support order, he could simply stop giving you one penny.

Why subject yourself to the will of a bully?

Plus, in ten years your child will be an adult, then what?

I suggest you talk to the child support agency, your mother, father, siblings, whoever you trust.

Then decide.

Another point to consider, what if he were to die tomorrow?

You need to get yourself into a training or educational program, IMMEDIATELY.

You need to be able to support yourself, because when your child becomes an adult, he or she will start their own life.

You need to get training, education, or a job that can give you a good life so you don't need to depend on a man.

I taught my daughters to and sons to get a skill, a trade, or a degree.

You are in a pickle, and only you can get yourself out of it.

 

[shrinkmaster]

Just curious why was he ok to procreate with but ok to see his child?

 

[leslie82]

Thank you for the website! I am thinking about filing for child support but would only feel comfortable with supervised visits. The child is 8 and he has never cared for her in any way nor does he spend time with her or see her often. Hopefully this would be enough for the court to only grand supervised visits?

I am assuming this is the case but since Florida is not a common law state, can he can just cut me off financially from one minute to the next? Which is what he is threatening to do at the moment. I have not worked for over 10 years because he has not wanted me to and he has been the sole provider. He uses this when he feels like it and doesn't provide money or food which will leave my son and I without eating for days.

So wait...have you been living with him since the child was born? I'm confused as to how you say he never spends time with her or sees her often but then you say that he supports you financially and has wanted to be the sole provider. How does he never see your kid if you live with him?

If you two aren't married he doesn't have to support you. So he could just stop giving you money. He could take you off any accounts if you're on them. You need to get a job and get some support and leave this guy asap. Go stay with family if you can. A friend. Someone.

 

[Elaine N Rick]

You, as the mother of a child born out of wedlock, have ALL the parental rights to the child.

You can inform the school in writing that YOU are the sole custodial parent of the child, and hat "JOE BLOW - or whatever his name is" is NOT to be allowed to contact the child or remove the child from school.

.

I went to the school but the school said it has to be a paper from court because if he's on the birth certificate he's allowed to withdraw her. They said that's the "school policy." Not sure what to do. Is there a paper I can get from the court? Or should I just create the paper anyway stating what you said that I have sole custody and he's not allowed to withdraw her?

Thanks for your help.

 

[shrinkmaster]

So you want to create a "False" document!? That will open a can of worms you dont want to deal with. If hes on birth documents?

 

[army judge]

I went to the school but the school said it has to be a paper from court because if he's on the birth certificate he's allowed to withdraw her. They said that's the "school policy." Not sure what to do. Is there a paper I can get from the court? Or should I just create the paper anyway stating what you said that I have sole custody and he's not allowed to withdraw her?

Thanks for your help.

I would start by moving out immediately.
You have a potential can of worms.
You are trapped and confused.
You might need time and space to work this out.
It would also be in the child's best interest and yours to obtain a child support order.

This state agency will hep you if you decide to relocate to another location in Florida:

FL Dept Rev - About the Child Support Enforcement Program

Home Page - eServiceRegistration

If your mother, father, brother, sister, cousin, or other trusted relative is in another state, all states have an agency to help moms or dads obtain a child support order to help pat for a child(ren).

You are in a tough situation for sure.

You might take the child and go to a local women's shelter for battered or abused women.

There are many good ones all across this country, and they help women in your predicament.

 

[Elaine N Rick]

I would start by moving out immediately.
You have a potential can of worms.
You are trapped and confused.
You might need time and space to work this out.
It would also be in the child's best interest and yours to obtain a child support order.

This state agency will hep you if you decide to relocate to another location in Florida:

FL Dept Rev - About the Child Support Enforcement Program

Home Page - eServiceRegistration

If your mother, father, brother, sister, cousin, or other trusted relative is in another state, all states have an agency to help moms or dads obtain a child support order to help pat for a child(ren).

You are in a tough situation for sure.

You might take the child and go to a local women's shelter for battered or abused women.

There are many good ones all across this country, and they help women in your predicament.

I called Child Legal Services Department from the Children and Families website from Miami-Dade and they said even if the child was born out of wedlock, the rights are 50/50 for each parent. Which is what I don't understand. I thought a child born out of wedlock made me the sole parent and gave him no rights until he went to court to file to obtain visitation rights?

I am preparing to leave him, but when the time comes I want to know what my rights are. For example, if at the moment that I leave, is he able to say he is taking his daughter with him? Does he have that right even if I want to go to a shelter?


Thank you all for your help.

 

[ElleMD]

Did he sign a Paternity Acknowledgement when the child was born? It sounds like he did, especially if you were/are living together. If so, he has the exact same rights to the child that you do. While he has a legal obligation to financially support the child, you have the same legal obligation and he has zero obligation to support you.There is no set amount he must pay unless and until you file in court and the court issues an order to pay a certain amount.

Yes, if you leave him he has as much right to custody of the child as you do, and if you do not have stable housing, the odds are high the court will grant him physical custody. The goal of the court is stability for the child. A home with a parent who has been present since birth is a thousand times better for a child than a shelter. I'm not sure why you would even want to subject your child to that. Unless this guy is horribly abusive to the child and poses a threat to her physical well being, you aren't going to get supervised visitation. The law does not care one bit how two people choose to parent (absent outright abuse). If one parent has been the primary caregiver, that can be taken into account when it comes time to grant physical custody, but it takes a whole lot to get visitation revoked or supervised visitation ordered, especially with an 8 year old. If this were an infant or very young child, it would be more likely.

 

[zddoodah]

My question is in Florida, if a child is born out of wedlock, does the father have any parental or legal rights to the child? Or must he go to court to obtain any visitation rights?

When a child is born to an unmarried woman, no man has any enforceable legal rights regarding the child until paternity is properly established and a court enters an order allocating rights between the parents.

If the father has no rights, can we inform the child's school that the father is not allowed to take the child out of school?

You didn't bother to tell us who "we" are (I assume you are the mother, but I'm not sure who else is part of "we"), but you're obviously free to inform anyone of anything you like. We're in no position to know what some unknown school will do in response to such a request (although the school has apparently already told you what it will do). However, I imagine a lot will depend on whether you identified the father as such on the enrollment documents you submitted to the school.

Or would a document filed with the court be necessary?

Necessary for what?

Does it matter if we put him on the birth certificate as the father though?

Again, who are "we"?

The child is 8 and he has never cared for her in any way nor does he spend time with her or see her often. Hopefully this would be enough for the court to only grand supervised visits?

Maybe, but speculating about what a court in an unknown county might do based on only a sentence or two of information would be pretty foolish. This is something best discussed with a local family law attorney.

since Florida is not a common law state, can he can just cut me off financially from one minute to the next?

I don't really understand this question. When you refer to Florida not being "a common law state," I assume you're referring to the fact that a common law marriage cannot be formed in Florida. Assuming "cut[ting] [you] off financially" refers to not paying child support, that has nothing to do with the fact that common law marriages cannot be formed in Florida. If the court orders him to Florida, it would not be legal for him not to pay.

For example, if at the moment that I leave, is he able to say he is taking his daughter with him? Does he have that right even if I want to go to a shelter?

He "is able to say" anything. If you're asking us to speculate about what might happen if he physically takes possession of the child and refuses to let you leave with her, there is no point in us doing that. I suggest you confer with a local family law attorney.

 

[shrinkmaster]

According to earlier post The Father is on Birth documents

 

[Elaine N Rick]

When a child is born to an unmarried woman, no man has any enforceable legal rights regarding the child until paternity is properly established and a court enters an order allocating rights between the parents.

Thank you zddoodah for taking the time to respond. I'm just trying to get a clear answer on the father's rights. You and army judge mention when a child is born out of wedlock the man has no enforceable legal rights until paternity is established. I assumed that meant I had all the rights, and if so the child can remain with me until either one of us go to court to process visitation rights. When I called Child Legal Services they said even if the child is born out of wedlock each parent has 50% parental rights to custody until we go to court and I proceed to attain 100% custody.

The previous post where I wrote "we" was written with my sister who is also trying to help me attain answers to what the law is in Florida and what my rights are.

Thank you.

 

[shrinkmaster]

We can presume he has rights because his name appears on birth documents. The reference to unmarried Fathers I believe is in cases where NO FATHER is named on birth documents. If you called Child legal services in your area we can guess they would know local laws. If confused contact a "licensed" Attorney in your area.

 

[zddoodah]

You and army judge mention when a child is born out of wedlock the man has no enforceable legal rights until paternity is established. I assumed that meant I had all the rights, and if so the child can remain with me until either one of us go to court to process visitation rights.

It seems that things have happened (including you taking steps to have the father identified on the birth certificate) that may have altered the general rule. It's not like we're talking about a newborn here. While a father being identified on the birth certificate, by itself, does not generally constitute the establishment of paternity, it is common for an acknowledgment of paternity to be signed in order for a father to be identified on the birth certificate of a child born to an unmarried woman. It also appears the father is identified as such on the child's school records.

You're going to need to consult with a local attorney.

 

[ElleMD]

You can see what the process for establishing paternity is here Florida Dept. of Revenue - Establishing Paternity

The school is not going to get involved in your relationship disputes. The child has been going there for some period of time and during that period of time, this guy has been identified as the child's father. Absent a court order they have no reason to deny this parent access to the child. Being as he IS the father, there is simply no basis for treating him any differently than any other parent at the school. Legally, they can not withhold the child from him.

 

[leslie82]

I went to the school but the school said it has to be a paper from court because if he's on the birth certificate he's allowed to withdraw her. They said that's the "school policy." Not sure what to do. Is there a paper I can get from the court? Or should I just create the paper anyway stating what you said that I have sole custody and he's not allowed to withdraw her?

Thanks for your help.

Ask to see school policy and tell them the law trumps school policy.

No there's nothing the court can do because there is no custody order. If I were you I would go to court and file for custody. If you've been the sole caregiver you're likely to get custody.