Fathers Rights Legal Questions

Its possible she did something in probate court.  You might start by checking the probate court for the town they live in.  You could also check the Connecticut judicial website to see if she did anything you are unaware of in civil court.  From your question, however, I would say your best bet is to hire/ consult with an experienced family law attorney. Please contact us if we can be of further assistance. 203-870-6700. Good luck.... Read Answer

When parental rights are terminated by the State, the obligation to pay support is usually terminated as well; If parents give consent to an adoption or if their "consent" was found to NOT be necessary, there could be a support obligation plus interest, but the ongoing duty to support would terminate when the Adoption was finalized.  You can request a review of support oblication(s) and Payments utilizing a "Record of Payments" it will clarify any accounting error or data error, which have been known to happen. A lawyer may be able to request certain things to asist in this regard, if there are irregularities they can advise what to do to address them.... Read Answer

Thank you for your question. The best advice I can provide is that you hire a private detective to search for the man. They have access to confidential identifiers. Then you would have to get the putative father to agree to sign over his parental rights.  It’s certainly not a fait accompli!  My advice is to let sleeping dogs lie. There’s no guarantee that he will cooperate with you and it is possible that he will seek parental rights such as parenting time.... Read Answer

The short and most precise answer is NO. I dont care if she signs off in blood, it is not binding or enforceable in the court system and any suggestion that the court should not require the father to pay is simply untrue.  Right now, she may be of the mindset that she does not want any relationship with the father and does not want him in the child's life and tells him that if he agrees not to contact her or seek any parenting time with the baby that she will never seek child support from him. The guy may therefore say that based on that position, he is willing to walk away from the child. Unfortunately, at any point in the future, if she decides that she wants support for the child, she has an absolute right to require it and similarly, even if he pinky swears that he will never seek to visit with the child, he can change his mind and ask the court to compel her to cooperate with his efforts to be in the child's life. So, any agreement not to be in the child's life and/or any agreement not to seek child support are equally invalid and unenforceable in the court system. ... Read Answer

Your question seems to indicate you have made several attempts to request time with your son. For most children, it is in their best interest to have a relationship with both parents. Absent some reason it would be harmful to your son if you were to have time with him, the mother should be allowing you to see him. The right way to do this cannot be answered without knowing all of the facts. If, in fact, you have made numerous attempts to have time with your son and have been unable to reach an agreement with the mother, you should consider filing a complaint for custody in the county where you or the child resides. From my experience, it would be best to contact a local attorney to discuss your situation. Even if you are unable to hire an attorney to represent you, a consultation will give you an opportunity to explain more about your situation and receive some guidance on your rights and how to proceed. Lastly, it is importatnt to note that child support has abolutely nothing to do with custody and visitation. Put simply, paying child support does not "buy" time with your child, nor does failure to pay child support mean you lose time.... Read Answer

As married parents, you have joint legal custody. You will need to file a petition in the circuit court seeking primary custody and immediate possession of your child. If presented properly that will likely be granted. Courts are only hearing very limited types of cases right now but I think you could get a hearing on that... Read Answer

An unmarried father in TN doesn't have any rights to a child unless he goes to court and asks for them. If he doesn't do that, no rights. His obligations, primarily child support, are separate and a person can't sign away their own obligations. He can see the child or not, but he will need to pay support.... Read Answer

Dear Mr. Wolfe:    From your history it appears that you did everything correctly to establish paternity and a parenting plan/timesharing.  If Cheryl is not abiding by the court ordered timesharing and parenting plan then you must file a Motion to Compel/Motion for Contempt, and bring this matter before the court for enforcement.  It is very important that you keep a written log of each and every time that you are unable to exercise timesharing, when she does not consult with you in making joint parental decisions, and when Cheryl otherwise hampers your ability to exercise the rights you were afforded by the Court.     Although you do not state what your timesharing schedule is, it is possible that, if Cheryl continues to disregard the Court's order, that you could  ask the Court for more time with the child.  This is a long process, so it is critical that you keep track of the missed timesharing, etc., and asks the Court for relief.  I should note that to do so you would have to file a Supplemental Petition for Modification.  Section 61.13 Fla. Stat. looks at  a number of factors  for changing or make up timesharingLSO: (b) When a parent refuses to honor the other parent’s rights under the time-sharing schedule, the parent whose time-sharing rights were violated shall continue to pay any ordered child support or alimony. It also states that: (c) When a parent refuses to honor the time-sharing schedule in the parenting plan without proper cause, the court:1. Shall, after calculating the amount of time-sharing improperly denied, award the parent denied time a sufficient amount of extra time-sharing to compensate for the time-sharing missed, and such time-sharing shall be ordered as expeditiously as possible in a manner consistent with the best interests of the child and scheduled in a manner that is convenient for the parent deprived of time-sharing. In ordering any makeup time-sharing, the court shall schedule such time-sharing in a manner that is consistent with the best interests of the child or children and that is convenient for the nonoffending parent and at the expense of the noncompliant            I hope this gives you some help and guidance. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova,  P.A. Broward/Boca Raton 954-316-3496/561-962-2785 ... Read Answer

Mr. Dilmore:   The answer is found in Florida Statute 382.013(3), which states: "(3) NAME OF CHILD.— (a) If the mother is married at the time of birth, the mother and father whose names are entered on the birth certificate shall select the given names and surname of the child if both parents have custody of the child, otherwise the parent who has custody shall select the child’s name. (b) If the mother and father whose names are entered on the birth certificate disagree on the surname of the child and both parents have custody of the child, the surname selected by the father and the surname selected by the mother shall both be entered on the birth certificate, separated by a hyphen, with the selected names entered in alphabetical order. If the parents disagree on the selection of a given name, the given name may not be entered on the certificate until a joint agreement that lists the agreed upon given name and is notarized by both parents is submitted to the department, or until a given name is selected by a court. (c) If the mother is not married at the time of birth, the parent who will have custody of the child shall select the child’s given name and surname. (d) If multiple names of the child exceed the space provided on the face of the birth certificate they shall be listed on the back of the certificate. Names listed on the back of the certificate shall be part of the official record.   So, from the facts you wrote, it appears that there was a "disagreement" as to  the child's surname.  Accordingly, you should bring this up to the court (by pleading to have the child's surname changed pursuatn to this statute) and ask the Judge to change it in your final judgment of divorce.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

If you have a Parenting Plan with visitation, supervised or otherwise, then you should be able to enforce that Order. Since you were married, that action may be in the Circuit Court, which is a difficult place for someone with no attorney. You need a Petition for Contempt, which is pretty serious since she could, possibly, even go to jail.   If you have a support order, but no parenting plan, then you will have to Petition for a Parenting Plan, so you have something to enforce. That is also not something easily done without counsel.    Once you do get in the door, it sounds like you are going to need some reunification counseling with your children. That may be another expense. The Court can fix the no contacting part, but it can't fix a child who thinks they hate their father, and it can't make him feel wanted. Whether as part of a Court Order or not, the relationship needs fixing.    ... Read Answer

  This is a complicated issue.  You would have to make a particular allegation (count) in the divorce petition to disestablish paternity.  However, courts will not always allow this, even if the children are not yours, depending on their ages and what relationship you have establsihed with them and whether someone else will "stand in your shoes."  (i.e.: the biological father)   In your petition ask for the paternity test, allege all the facts as to why you want it- as specifically as possible- and then  ask for a hearing on this issue before the judge by filing a separate Motion for Paternity test.  Again, this is very basic, and the facts of your case will more determine  whether the court will grant this.   Best of luck. Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 ... Read Answer

If I am reading correctly, you are paying towards a child support arrearage to one person, but the child is now living with a different person, and you are paying that person child support. That is legal. The court might, in the arrears case, adjust that payment downward, but that depends on many factors. I cannot tell from your question if the judge who set the "new" child support had the arrears payment in front of them when they set that payment. If so, then it's been considered and ruled on. If not, it might be possible to have the Court adjust that arrears payment. ... Read Answer

The only way to force you into paternity testing is for the other man to file a suit to determine paternity of the child.  He would then request that the court order paternity testing.   In the event he is found to be the father, then he could be named Dad and have the rights of a parent and the duties of a parent. That means a possession schedule and order to pay child support.  If he is not found to be the father, then his suit is ended. In general, the time limit to bring a suit challenging your husband's paternity is four years after the child's birth.  ... Read Answer

  Mr. Adams:      So if you were granted "full custody"  in 2016, then parernity must have already been established.  I am not sure what a "paternity case letter" is and how you received it.  If it is a modification action, you have to be served by a sheriff or process server.  If it is a Motion on something existing it can be sent to you by mail.  But you would have to be more specific as to what the document says.      Perhaps she is trying to modify the prior court order so she has time with your son?  If so, she has a big burden of showing that there has been some unanticipated change in circumstances since the court's prior ruling,   and that the change will, ultimately, be in your son's best interest.  It's a big burden on her.   You might benefit  from a consultation with an attorney to explain why you are to go to court, and then you can take it from there.  Just because she filed something does not mean she is going to get the relief she requests.  Your son's best interest is paramount, and I am sure you have been a good father to him.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com        ... Read Answer

Dear Anonymous:       An attorney is held to a standard to uphold the law, and as such, they are to counsel their clients accordingly.  So, an attorney should not instruct a client to violate a court order, and if there are allegations (which, of course must be proven) that a child is in danger when with another parent as per the court order, the attorney should request an emergency hearing and then let the judge decide.        I hope this helps.   Best regards, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785  ... Read Answer

There must be court orders that give custody to your husband.  Review the existing court orders to see if they establish your husband as father.  If they do, then he should be able to apply to the Texas State Department of Health- Burequ of Vital Statistics to add him as the father to the birth certificate.  If the current orders do not establish him as father, then he will need to file something to ask the court to establish him as the father and to expressly order that he be added to birth certificate as father.   The mother may need to participate or cooperate with the application to the state for the birth certificate.  She will have to be served with the law suit if a law suit is necessary.  Start from the address for her that is listed in the most recent court order. ... Read Answer

If you are not married to the father, you would first have to establish paternity through a DNA test. If he does not respond to you and fails to answer a lawsuit if you or the AG filed, you would likely get a default judgment for child support against him. He would also be declared the legal father by default. The court would not order him to have a possession schedule if he doesn't show up. However, he could try at some point to establish a visitation schedule with the child. If he's a drug addict he would likely only get some type of supervised visitation depending on what county you're in.... Read Answer

If there is no court order in place, you have every right as a father to see your kids. If there is a parenting plan in place, she would need to offer you the "right of first refusal" which means that you as the father have the first choice to supervise the kids if she is not available or out of town. Would need more information to answer your questions. Thanks Chris Ragano Esq.... Read Answer

Dear Mr. Allen:     Since the boys' mother is deceased, your wife can do a stepparent adoption.  Once the adoption is completed, there is a form you file with the state to amend the children's birth certificates to have your wife's name inserted.        It is a realtively easy process and if you have an attorney assist you, it will be even easier.   Best of luck to you,   Cindy Vova Law offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 ... Read Answer

    To secure your parental rights you need to file a Petition to Determine Paternity and Esstablish a Parenting Plan.  There are Florida  forms available on line to assist you with this process.  Be advised, however, that the court will also determine a child support obligation while establishing paternity and creating a timesharing plan.      It is very important that you do establish paternity because, even if you are on the birth certificate, you need a court order to actually adjudicate that you are the father of this child.  Then you will be able to also establish your rights as a father.    Although you can do this without an attorney, I would suggest that you, at the very least, consult with a lawyer before filing.   There is a reason lawyers have to go through 7 years of total school and take (and pass) bar exams in their states before giving advice.  So, at least talking to any attorney could help you navigate this process easier.   Good luck, Cindy S. Vova Law Offices of Cindy s. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer