Results 1 to 8 of 8
  1. #1
    Join Date
    Dec 2007
    Posts
    3

    Exclamation Disestablishing Paternity, in Martin County, Florida

    To keep a long story short, I was never married to my daughters "father", he is on the birth certificate,she's 4 years old, he is not her biological father (we both have known this since before she was born. SHe has been on his medical plan through work and has had some visitation with her. When I, my boyfriend and my son attempted to relocate to TN 3 months ago(he knew we had been planning to move for over a year), we were very surprised to get served with papers. He wants custody, child support, everything. We went to court, I paid a lot of money to my lawyer, and she told me it wouldn't be difficult. Well, the judge did order a paternity test but he also granted her "father" temp custody. I get to see her on Tuesdays and Thurdays, over night, and every other weekend. I don't know where to go from here or what effect the paternity test will have on this case. I also don't feel like we were given a proper day in court (the judge decided all of this in an hour) and I am not sure that my lawyer did everything she could for me. There were blatent lies told by his witnesses that weren't addressed because each side was only given a half of an hour to question their witnesses. I have also been told that there really is no other cases out there like mine and I find that hard to believe. If anybody has any information for me I could really use it. Also as of Monday I will owe my lawyer more money and I just don't have it. I am a stay at home mom of two children. Please help me keep my daughter.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Disestablishing Paternity, in Martin County, Florida

    What was the purpose of committing fraud in order to misrepresent him as the father, if you didn't want him to in fact be the child's father? As your lawyer has probably told you, if the child's legal father has in fact been filling the role of father, he may be able to maintain his legal paternity no matter what the outcome of the DNA test.

    Under what statute did you bring your motion for relief? California Code of Civil Procedure, Sec.473, or a subsection of California Family Code Sec. 7575?

  3. #3
    Join Date
    Dec 2007
    Posts
    3

    Exclamation Re: Disestablishing Paternity, in Martin County, Florida

    I am in Fl. and I am not asking for relief. The AOP was signed by him and I but it wasn't read to me and it was not notarized or witnessed by 2 signatures. My daughter was born at home and I promise you that had I understood the consequences of that document I would never have signed it. You really think the DNA test will have no effect. He is not her father. I wouldn't mind him having visitation but she should live with me and her brother during the school year don't you think

  4. #4
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Disestablishing Paternity, in Martin County, Florida

    Quote Quoting Marilyn0826
    View Post
    I am in Fl. and I am not asking for relief. The AOP was signed by him and I but it wasn't read to me and it was not notarized or witnessed by 2 signatures. My daughter was born at home and I promise you that had I understood the consequences of that document I would never have signed it. You really think the DNA test will have no effect. He is not her father. I wouldn't mind him having visitation but she should live with me and her brother during the school year don't you think
    Why would you need the AOP to be read to you? You had an opportunity to read all documents before signing them. Are you suggesting that you didn't fully understand that when he signed the AOP and BC that made him the father....with all rights and responsibilities that involves?? After lying to your daughter for the last 4 years about who her father was...Are you prepared for the emotional devastation your revelation would cause to her young psyche?? Is moving to TN more important than your daughters relationship with the only father she has ever known?

  5. #5
    Join Date
    Dec 2007
    Posts
    3

    Default Re: Disestablishing Paternity, in Martin County, Florida

    So you are telling me to choose between my children. My son and his father, my fiance are moving to TN. His job transferred him to TN and I either follow him or lose my relationship. You make it sound like me wanting to move to TN is just a whim. I will never be able to afford to purchase a home in South Florida, I will have to work 40+ hours a week just to be able to help support us, I will never be able to put aside any savings for myself and my kids, and I will be forced to spend every cent I earn just to exist. The cost of living alone helped me make my decision to move out of Florida. Frankly I would love to live in Tn where I can be a stay at home mom, spend time with my children and do more with our lives but barely exist. It's not MORE important to move to TN but it is important. I never had any intention of keeping my daughter away from her "father", or letting her know that he isn't her biological father. She has spoken to him for at least 3 and half hours a week on the phone EVERY week since we have been gone. Maybe I am being unreasonable but I don't see why she can't live with me and her brother and visit her dad on holidays and most of the summer. Since her "father" works 7 days a week and really doesn't spend that much time with her on a day to day basis, I really don't see the problem. The only reason I am trying to fight back is because I feel it would be best for my daughter to live with me and get liberal visitation with him.

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Disestablishing Paternity, in Martin County, Florida

    Quote Quoting Marilyn0826
    View Post
    So you are telling me to choose between my children. My son and his father, my fiance are moving to TN. His job transferred him to TN and I either follow him or lose my relationship.
    This statement is VERY telling. It's not about either of the children.. and certainly not about the child involved... it's about her and her relationship. Not the importance of that little girl and the relationship she has with her father.
    You make it sound like me wanting to move to TN is just a whim.
    Yeah
    I will never be able to afford to purchase a home in South Florida,
    Rent. Lots of people rent.
    I will have to work 40+ hours a week just to be able to help support us,
    Oh my.... lots of us (including myself) work 40+ hours a week just to be able to support our families. I don't exactly see the problem here. You equate working with having a terminal disease or something.
    I will never be able to put aside any savings for myself and my kids, and I will be forced to spend every cent I earn just to exist.
    *violins are playing in the background* this almost sounds like one of the kids on here trying to justify emancipation
    The cost of living alone helped me make my decision to move out of Florida.
    You aren't even paying to live in FL, as you are unemployed. Please.
    Frankly I would love to live in Tn where I can be a stay at home mom,
    Frankly, I bet your child would like to have a relationship with her father.
    spend time with my children and do more with our lives but barely exist.
    It is what it is. May I suggest you get a job? It may help to brighten your financial situation.
    It's not MORE important to move to TN but it is important
    .
    If it's not important, then cancel the travel plans. Or, move with your boyfriend and your new child. The court has obviously said your daughter stays put.
    I never had any intention of keeping my daughter away from her "father", or letting her know that he isn't her biological father.
    Sounds to me like that's what you're setting yourself up to do.
    She has spoken to him for at least 3 and half hours a week on the phone EVERY week since we have been gone.
    good
    Maybe I am being unreasonable but I don't see why she can't live with me and her brother and visit her dad on holidays and most of the summer.
    If this arrangment is ok for her to be with her dad, then it should be just as good an arrangment for you. Why do you think you trump him?
    Since her "father" works 7 days a week and really doesn't spend that much time with her on a day to day basis, I really don't see the problem.
    We no longer penalize parents because they actually have to work to support their families.
    The only reason I am trying to fight back is because I feel it would be best for my daughter to live with me and get liberal visitation with him.
    And thank GOD the court sees it differently, because your judgment is skewed. Your judgment years ago wasn't great, but it doesn't seem that you are leaning toward trying to make sound decisions now either.

  7. #7
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Disestablishing Paternity, in Martin County, Florida

    Quote Quoting Marilyn0826
    View Post
    To keep a long story short, I was never married to my daughters "father", he is on the birth certificate,she's 4 years old, he is not her biological father (we both have known this since before she was born. SHe has been on his medical plan through work and has had some visitation with her. When I, my boyfriend and my son attempted to relocate to TN 3 months ago(he knew we had been planning to move for over a year), we were very surprised to get served with papers. He wants custody, child support, everything. We went to court, I paid a lot of money to my lawyer, and she told me it wouldn't be difficult. Well, the judge did order a paternity test but he also granted her "father" temp custody. I get to see her on Tuesdays and Thurdays, over night, and every other weekend. I don't know where to go from here or what effect the paternity test will have on this case. I also don't feel like we were given a proper day in court (the judge decided all of this in an hour) and I am not sure that my lawyer did everything she could for me. There were blatent lies told by his witnesses that weren't addressed because each side was only given a half of an hour to question their witnesses. I have also been told that there really is no other cases out there like mine and I find that hard to believe. If anybody has any information for me I could really use it. Also as of Monday I will owe my lawyer more money and I just don't have it. I am a stay at home mom of two children. Please help me keep my daughter.
    it is EXTREMELY unusual for a FL court to give custody to a father especially when a DNA has been ordered. My educated guess is that the Judge believed you present a flight risk. The custody was probably given as a way to protect the child from being taken out of the jurisdiction.

    According to the PM you sent me, in addition to having him sign the AOP, you have voluntarilyu allowed him free access to your child and have allowed him to act as the father. To understand what this means you have to understand what the court uses to decide family cases involving children. he court is required by law to make the decision that is in the child's best interests. Absent any proven abuse, it is always in a child's best interests to be near both parents, even if the father is not the bio father but has acted as the father.

  8. #8
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Disestablishing Paternity, in Martin County, Florida

    Quote Quoting Marilyn0826
    View Post
    I also don't feel like we were given a proper day in court (the judge decided all of this in an hour) and I am not sure that my lawyer did everything she could for me. There were blatent lies told by his witnesses that weren't addressed because each side was only given a half of an hour to question their witnesses.
    Wow, you were actually very fortunate. The hearing lasted over an hour, that is something that is also highly unusual in FL courts, especially for a temp hearing. Just because you don't like the outcome of the hearing, it doesn't mean that you weren't given the opportunity to be heard in court. You were legally served, were represented by an attorney and both sides were given ample time in court, so you really have nothing to complain about concerning the fairness or legality of the hearing.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 07-30-2009, 07:18 AM
  2. Disestablishing Paternity
    By nyhelp in forum Paternity Law
    Replies: 2
    Last Post: 06-09-2009, 11:52 AM
  3. Replies: 5
    Last Post: 11-06-2007, 06:43 AM
  4. Disestablishing Paternity
    By mr. regrets in forum Paternity Law
    Replies: 4
    Last Post: 10-27-2007, 12:53 PM
  5. disestablishing paternity
    By counselor27 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-06-2006, 03:27 AM
 
 
Sponsored Links

Legal Help, Information and Resources