My son is 2. I am the biological father and am on the birth certificate. His mom took him from me and he has been living with her. She has barley let me see him. We have not been to court yet. I want to know what the law says. Can I let him willingly get in my truck and take off with him? Would I go to jail? How can I legally spend more time with him, until a judge decides?
Unfortunately, in Florida adding your name to the birth certificate is insufficient to establish paternity. The only way to do so is to file an action for paternity in the county where your child resides.
If you have not already done so, there are forms available on line at http://www.flcourts.org/core/fileparse.php/293/urlt/983a.pdf, along with instructions on how to complete same.
If the mother admits paternity, then you can ask the Court to enter a Final Judgment of paternity, which they courts will sometimes do even before timesharing and child support have been established. This is important because while the action is pending and before paternity is established, she can relocate and you will be helpless.
As to your questions about taking your child now, although I feel your pain, it is best if you wait until paternity is established because, legally, at the moment you do not have those rights, and you do not want to do anything that is in violation of the law. Lack of knowledge is not a good defense, and you want to look best in front of the court.
Best of luck,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.com
954.316.3496
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