More details to this question:
I have a just found out i'm the father of a child in FL and i live in SC. The mother has given custody to her partents becasue she doesn't work and doesn't have a license or a car but lives 30 minutes away from the child. I want to work with the grandparents on establishing paternity and taking over custody of her and still allowing visitation to her mother and grandparents. I am hoping to settle everything outside of the courts but if i need legal help with an attorney do i seek an attorney in FL or in SC to grant me custody here in SC.
1 ANSWER
You will need to proceed in a FL court, as this is the home state of the child (where the child has resided for the last 6 months).
First, I would suggest you register with Florida Putative Father Registry, link below:
http://www.floridahealth.gov/certificates/certificates/birth/Putative_Father/index.html
I am not sure through which legal mechanism the grandparents gained "custody." So, be careful as to making any agreements exclusively with them, as most likely the mother needs to be part of this process as well. Second, even if you reach an agreement with grandparents/mother, you still need to file a case in FL (Petition to Establish Paternity and Related Relief- link below), as you would want to file the agreement with the court and have a judge ratify it, so it can be later enforced.
http://www.flcourts.org/core/fileparse.php/533/urlt/983a.pdf
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on May 07th, 2015 at 10:31 AM