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What Rights Does He Have in FLA

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  • 02-20-2009, 10:31 AM
    WonderingInFLA
    What Rights Does He Have in FLA
    My question involves a child custody case from the State of: FLA

    I separated from my husband when pregnant. After the birth of our child I filed for a divorce. I did not name him on the birth certif., for reasons of not trusting him after threats made. In divorce papers he is named, but I understand he is considered the 'legal' father being we were married when I gave birth.

    He resides in another country, has denied being the father since I did not name him, he has not once flown over to see our child, but has carried on a vendetta of harrment via email....and when he had a physical address, he would phone child services to do well checks.....phone number had to be changed as he would call all hours of the night......so he does not have that information.

    I have told him for many years now to do the paternity being he is the one disputing being the biological father...not me!

    He claiims he has proof he cannot father kids, he is not the father and though he is not involved, never has tried to be...says in emails he does not want to be or to have anything to do with my child.......he harasses me ( or did via email ) stating he is protecting an innocent child!!!

    I was told I had to give him a mailing address should he ever want to file papers against me. WHY should he have MY info and I not his??? He is not on the birth certificate.....has only been on a vendetta against me. I have no clue where he resides.....overseas is all I know.

    He found me online and I then was told to give him a mailing address not the home address...as the PO BOX he DID have was not sufficient enough.

    Can't I just email him back and say......per the law of FLA I do not have to give you ANY information til you establish parental rights in a court of law doing paternity?

    The courts have jurisdiction over his visitation...and it states NO CONTACT with minor child til he competes a parenting class and petition the courts for visits. Been YEARS and NO involvement with that......only a vendetta against me.....not once showing any concern for our child.....never has asked about our child........only if I have been put in jail yet after he called child services on me..which the two times he called them on me.....cases were closed within 2 weeks cause they know he is out of the country and is calling with malice intent.

    I know SOME ONE out here knows the law for Florida! Hope one of you can help answer this!!!!!!

    THANKS SO MUCH IN ADVANCE!!!!
  • 02-25-2009, 07:30 PM
    Xena
    Re: What Rights Does He Have in FLA
    Quote:

    Quoting WonderingInFLA
    View Post
    My question involves a child custody case from the State of: FLA

    I separated from my husband when pregnant. After the birth of our child I filed for a divorce. I did not name him on the birth certif., for reasons of not trusting him after threats made. In divorce papers he is named, but I understand he is considered the 'legal' father being we were married when I gave birth.

    He resides in another country, has denied being the father since I did not name him, he has not once flown over to see our child, but has carried on a vendetta of harrment via email....and when he had a physical address, he would phone child services to do well checks.....phone number had to be changed as he would call all hours of the night......so he does not have that information.

    I have told him for many years now to do the paternity being he is the one disputing being the biological father...not me!

    He claiims he has proof he cannot father kids, he is not the father and though he is not involved, never has tried to be...says in emails he does not want to be or to have anything to do with my child.......he harasses me ( or did via email ) stating he is protecting an innocent child!!!

    I was told I had to give him a mailing address should he ever want to file papers against me. WHY should he have MY info and I not his??? He is not on the birth certificate.....has only been on a vendetta against me. I have no clue where he resides.....overseas is all I know.

    He found me online and I then was told to give him a mailing address not the home address...as the PO BOX he DID have was not sufficient enough.

    Can't I just email him back and say......per the law of FLA I do not have to give you ANY information til you establish parental rights in a court of law doing paternity?

    The courts have jurisdiction over his visitation...and it states NO CONTACT with minor child til he completes a parenting class and petition the courts for visits. Been YEARS and NO involvement with that......only a vendetta against me.....not once showing any concern for our child.....never has asked about our child........only if I have been put in jail yet after he called child services on me..which the two times he called them on me.....cases were closed within 2 weeks cause they know he is out of the country and is calling with malice intent.

    I know SOME ONE out here knows the law for Florida! Hope one of you can help answer this!!!!!!

    THANKS SO MUCH IN ADVANCE!!!!

    First, please see bolded portions of your quote. Like it or not, your ex IS the legal father, and therefore he does have rights. At this point, neither one of you can dispute paternity. The only time that could be done was when you divorced, which neither of you chose to do.

    You need to read your order. Florida law requires that parents must keep each other and the court informed of thier address. He has every legal right to request that you provide that to him. You also have the same right.

    One way of possibly making him leave you alone will be for you to tell him that he is already the legal father, and that since he wants to keep contacting you, that you have no choice but to assume that he is now ready to be a father with all of the responsibilities that come with it. Then let him know that you will be filing for a CS order. Quite often that will make the other parent think twice about causing problems.
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