Full question:
My son is 6 months old, me and his dad and I don't get along, I live in Fl and he lives in SC. His name is not on the birth certificate. He used to help me financially but he went to jail for 4 months because he got 4 DUI's. I do have one DUI but that was like 2 yrs ago but I've never been to jail. Now that he is out, he doesn't have a job and is not helping me financially. He is threatening me to take me to court not to get custody, but he wants the baby to go stay with him for few months but I tell him he is too little. What type of visitation can he get? Am I obligated to have any type of communication with him?? We don't get along and I don't like how he talks to me. He has hit me before but I don't have any proof. I don't want to take my son out of his life but I would like to know how can he see the baby without taking him to other state, and I'm tired of him trying to make me talk to him when I just can't get along with him.
- Category: Paternity
- Date:
- State: Florida
Answer:
If he files a paternity suit to get custody or visitation, he will also likely be ordered to pay child support. It is unlikely that a court would order out of state visitation for an infant. You will likely need to communicate with him in some fashion to arrange visitation if visitation is ordered.
Custody and visitation orders can be established by bringing a paternity lawsuit in court. Parents are legally obligated to provide their children with all the necessities of life. The failure of parents to marry does not affect their responsibility to support their children. If parents are unmarried and cannot agree upon how much each should contribute toward the support of their children, the courts may decide. A court can order one parent to make specified payments to the other for child support. State laws provide that biological parents make all the decisions involving their children, including education, health care, and religious upbringing. Parents are not required to secure the legal right to make these decisions if they are married and are listed on the child's birth certificate. However, if there is disagreement about who has the right to make these decisions courts can decide.
In most states, a paternity action takes the form of a civil lawsuit. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need.
A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
