Legal Question in Family Law in Florida

i had a baby out of wed-lock, and his father showed up at the hospital and made sure the childs last name was his last name. he stayed in the childs life for a month and then left, now he is back demanding i let him keep my child for long periods of time. i do not feel comfortable with this because he is a convicted felon on probation and has almost failed probation twice due to failure of piss test. also he has threatned to kill me and the man i am currently seeing, is there any way i can change the babys last name and get his father off the birth certificate? i dont mind him having supervised visits. i just dont know what to do

Asked on 5/07/13, 8:48 pm

2 Answers from Attorneys

John Smitten Carey and Leisure

If not married to him then he has zero rights until such time as he enforces them. You should file for a restraining order and for full custody asap.

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Answered on 5/08/13, 3:57 am
Brent Rose The Orsini & Rose Law Firm

The first thing a judge will ask is whether you knew his past when you had sex with him. You can't get the father's name off the birth certificate, but you may be able to change the child's last name if the father doesn't show up and object. But what you really need to do is file for paternity and get child support and a timeshare schedule set up.

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Answered on 5/08/13, 5:32 am

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