Non-Married Father's Rights on Child

Mr.Henry · #1 08-28-2008, 01:00 PM

My question involves a child custody case from the State of: Florida

I just recently broke up with my ex of 6 years, and we have a one-year-old child together. My question is what kind of rights does a Father have, for his child?

We where never married because of her mental issues and outstanding debt. She has often told family, friends, and her psychiatrist that she wanted to give full custody of my daughter to me, and she has " given up" on taking care of her. Usually the next day she will change her mind, and we all know this was her attempt to give up my daughter during her time, so she can go out and party all night. Usually the next day she comes back crying and begging for her daughter to come back. She has been battling depression for a long time. She tried to commit suicide in May and was baker acted. She makes irrational decisions all the time and her family, my family, friends, and other people have witnessed her odd behavior, and we are concerned she is going to take me to court to get full custody of my daughter. Last thing im concerned about is her leaving the state with my child as she pleases, and not knowing where she goes. I don't care if ex goes alone, but I want to know where my child will be at, and if she is in a safe environment.

Again what kind of rights do I have over my child, as a father? I feel my ex is mentally unfit to take full custody. My ex is $48,000+ in debt, a waitress part time, and she quit college. I am totally clueless how this all works, and I don't have enough money to get a attorney being a full time student and working part time.

#2 08-28-2008, 01:15 PM

If Father signed BC then he has all the same rights as Mother

Mr.Henry · #3 08-28-2008, 01:17 PM

Quoting panther10758

If Father signed BC then he has all the same rights as Mother

thanks panther! She even has my last name. I don't know if that matters.

#4 08-28-2008, 01:19 PM

Not really. If you are legal Father (it appears you are) you have all the same rights as Mom. This includes custody, support and, visitation

Xena · #5 08-28-2008, 09:39 PM

Quoting Mr.Henry

My question involves a child custody case from the State of: Florida

I just recently broke up with my ex of 6 years, and we have a one-year-old child together. My question is what kind of rights does a Father have, for his child?

We where never married because of her mental issues and outstanding debt. She has often told family, friends, and her psychiatrist that she wanted to give full custody of my daughter to me, and she has " given up" on taking care of her. Usually the next day she will change her mind, and we all know this was her attempt to give up my daughter during her time, so she can go out and party all night. Usually the next day she comes back crying and begging for her daughter to come back. She has been battling depression for a long time. She tried to commit suicide in May and was baker acted. She makes irrational decisions all the time and her family, my family, friends, and other people have witnessed her odd behavior, and we are concerned she is going to take me to court to get full custody of my daughter. Last thing im concerned about is her leaving the state with my child as she pleases, and not knowing where she goes. I don't care if ex goes alone, but I want to know where my child will be at, and if she is in a safe environment.

Again what kind of rights do I have over my child, as a father? I feel my ex is mentally unfit to take full custody. My ex is $48,000+ in debt, a waitress part time, and she quit college. I am totally clueless how this all works, and I don't have enough money to get a attorney being a full time student and working part time.

You NEED to file a petition with the court to establish paternity, CS, custody and visitation. Even if you signed an AOP at the time of birth, without a court order you do NOT have any ENFORCEABLE rights.

It's best to hire an attorney, but you can also file pro-se. You can find the forms and other info at www.flcourts.org

The statutes regarding family law in chapter 61 at www.flsenate.gov/STATUTES

You'll also need to know the Rules of Civil Procedure at http://phonl.com/fl_law/rules/frcp

notguilty08 · #6 08-31-2008, 08:29 PM

Im a non custodial father in Indiana. I signed the birth certificate...and unfortunatley you do NOT have the same rights as the custodial parent. My child has my last name and I have to fight every time i go to court...just to be treated fairly. Get an attorney. Search online for fathers rights groups in your city. There you will also find info for free legal help.

If you fear for your childs safety you can petition the court for an emergency custody order. What can you prove? Ask the court a DRCB evaluation.

just because she is in debt doesnt make her an unfit parent.

aardvarc · #7 08-31-2008, 09:38 PM

And do yourself a favor and leave out the mental issues. Trying to justify that she's too messed up to marry, yet not too messed up to have sex with and create a child with is NOT going to help your case, and could garner you an earfull that will make you cringe. If it wasn't an issue before the child, it's not going to be an issue after the child (and believe me, the judge won't say it that nicely).

Xena · #8 09-01-2008, 01:54 PM

Quoting aardvarc

And do yourself a favor and leave out the mental issues. Trying to justify that she's too messed up to marry, yet not too messed up to have sex with and create a child with is NOT going to help your case, and could garner you an earfull that will make you cringe. If it wasn't an issue before the child, it's not going to be an issue after the child (and believe me, the judge won't say it that nicely).

I'm going to partially disagree. If the OP can prove that ex did not, or cannot provide a stable home for child because of the mental illness, the mental status of the ex could be very relevant.

It's going to come down to what the OP can prove and how that particular Judge views the situation. Best case scenario for the OP would be to have a Judge who has had to deal with mental illness in own family, it makes them more open minded about mental illness and how it can affect children.

Hazelnut9 · #9 09-03-2008, 06:07 AM

Depression and "making irrational decisions" are unlikely to be considered reason enough for the judge to give full custody to you. You can always petition for it, but you are unlikely to win unless she is actually abusing or neglecting the child and you can prove it. That's just how it goes.

You probably will be given visitation, though, and if she removes the child from the state without your consent that will be looked on as kidnapping and she will be arrested and lose custody. You also should have the right to participate in educational & medical decisions concerning the child.