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  1. #1

    Question Scared of losing her child

    My sister is 18, and currently resides in the state of Washington. Her son was born in Florida and she was never married to the father of her child, but they were "together" at the time. She moved to Washington to be near our mom who is sick, and of course took her son with her. She has been providing a safe and secure home for him and is in the process of getting her diploma. She wanted to come to Florida on a visit, but has been warned by friends that if she does, the baby's father is going to take him from her. I told her that I was pretty sure that because they were never married, and he has never petitioned for any type of guardianship or custody, that he would have to do all of this first, and then prove why he thinks the baby would be better off with him before he could legally take the child. Am I correct with this statement, and where can I find the "proof" in writing to put her mind at ease? Thank you for your time.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Scared of losing her child

    Is he legally recognized as the child's father? (Most likely by having executed an acknowledgement of paternity along with the mother at the time of birth and being named on the child's birth certificate?) How long has the mother lived in Washington?

  3. #3

    Default Re: Scared of losing her child

    As far as I know, he did in fact sign the birth certificate a few days after the baby was born. She has been living in washington for right about a year + now.

  4. #4
    Join Date
    Mar 2005
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    Michigan
    Posts
    28,906

    Default Re: Scared of losing her child

    If he's the father and there's no order in effect, he would likely be regarded as having the same custody rights that she does. If there were a problem, the police may simply advise her that unless she can present a court order, her recourse is to file a custody action and resolve it in court.

    As she has been in Washington for over a year, she can petition a court in Washington to award her custody, providing notice of the proceedings to the father.

    How would the father even know, though, that she was visiting Florida?

  5. #5

    Default Re: Scared of losing her child

    They keep in contact. He is not a bad guy, just very young and foolish. She had started proceedings in Washington for support, but of course it is takng forever being that he lives here. He has admitted that he could not provide for the child, but she is fearful none the less. Could she get a court process started here in Florida even before she comes, so that when she does get here (like for the court date) all will be settled then?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Scared of losing her child

    She should be able to get a temporary order in Washington, which the Florida courts should respect. She should talk to her lawyer.

  7. #7

    Default Re: Scared of losing her child

    Thank you for your help. I have done most of my own legal work concerning my custody fights with my 2 sons because I didn't have the money for a lawyer, and as Florida has the "packets" where you can file the petitions your self... Do you know if Washington has similar "packets" and if so where could I get one so that I could help her out? I know that she does not have money for an Attorney. I guess the good thing in this case is that neither does he...

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