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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 08-10-2007, 08:32 AM
tallymom tallymom is offline
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Question Parental Rights in Florida
I am 3 1/2 months pregnant and had split up with the biological father just after finding out I was pregnant. We were never married. We have had not contact and he called last night and told me I need to have an abortion. I explained that I was too far along and I plan to keep this baby. I didn't want him in the child's life anyway. I plan to contact an attorney when I have some money saved but in the meantime, I know he will have rights according to FL law because I have been on public assistance which will require his name to be on the birth certificate. Can the fact that he asked me to have an abortion be used against him if this case goes to court? I would rather have him sign over his parental rights but I doubt he would do that voluntarily.
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Old 08-10-2007, 09:09 AM
jojo4 jojo4 is offline
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Default Re: Parental Rights in Florida
The fact that he asked you to have an abortion is irrelevant.

He cannot just sign over his parental rights, even if he wanted to. First, he's not the father until legal paternity is established. He has no rights to sign over. Second, there is no way the court is going to allow him to TPR when you accept state assistance. It is your and the as yet to be named father's responsibility to support the child to the best of your abilities.

When the child is born, legal paternity and child support will have to be established (if nothing else, so the state and the taxpayers can recoup some of their money). He will have the right to file for custody/visitation.
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Old 08-10-2007, 08:43 PM
Xena Xena is offline
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Default Re: Parental Rights in Florida
I agree with jojo. Him asking you to abort isn't going to be relevant at all.

Yes, a court order for CS will definately be ordered since you are recieving public assistance. And no, when money is owed to the state, no court will allow a father to TPR.
However, the court will not issue any visitation order unless your ex specifically files for one. But if he does, he will almost certainly get an order for visitation. It is always in a child's best interests and society's best interests for a child to have both parents in their life. (absent any proof that a parent is a true danger to their child).
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Old 08-10-2007, 09:19 PM
panther10758
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Default Re: Parental Rights in Florida
I agree with Xena even if its very seldom the child deserves both parents in his/her life. My children with my Ex do not like their Mother ( she was abusive) now she live sin another state and calls once a week. I always encourage the kids to speak to her. It doesn thave to be for long but its important they have even the smallest relationship with her. So yes see if he will visit the child even if only once a week
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