Legal Question in Family Law in Florida
My daughter and her boyfriend are 17, they both turn 18 later this year. They have a 15 month old daughter. Her boyfriends's family had lived next door to us in FL then when my daughter was 5 months pregnant they moved to Massachusetts. Last June his mother let him come back to FL to live with us to see if they could make it work and help with the baby. It is not an ideal situation and they are talking about him moving out which would mean him moving back to Massachusetts. His mother is saying that he legally has the right to fly down here, pick the baby up and fly her to Massachusetts for visits? Is that true at her age? They were the ones that chose to move 1200 miles away. My daughter and her boyfriend came to an agreement about child support and visitation requiring him to visit her in FL, if we put that on paper an have it notarized, does that hold any water? He's not 18 until September. Thank you for your help.
3 Answers from Attorneys
The couple is not married. He has not rights to the baby. He is obligated to pay child support and that is it. If he wants more then he will have to petition the court for a paternity action, child support, custody and visitation issues.
Also age does not matter. he could be 50 and he still has to prove that he is the father and he MUST have a court order giving him visitation rights.
Since they are not married the father has no legal rights until such time as he petitions the court to establish his rights. Contact my office for free consultation 727-446-7659.
He has to file a Petition with the court to assert his rights and have the court acknowledge his Paternity and put in place a Time Sharing plan in the best interest of a child of that age.
Notarized statements are great evidence for court but they do not replace a court's Judgment. If your daughter does not agree for him to fly with the child she should not sign any documents and should wait to allow him to start a Petition after which she can meet with an attorney for an appropriate Answer to his Petition and Requests.
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