Legal Question in Family Law in Florida
I had a child out of wedlock as referred to by law. I have lived with her father in the state of florida until she is now six months of age. I her mother have been her primary care giver this whole time. we are now splitting up and her father is moving to georgia and i to the state of illinois. nothing has been filed in the court as of now and we are coming up with a notorized document. my question is if we both agree to a parenting plan and custody arrangement will a notorized document be enough?
3 Answers from Attorneys
It should be reduced to writing and filed with the court in FL because you presently live here. Contact my office for free consultation 727-446-7659.
Until father asks the court for visitation rights, he will have none whether he is on the birth certificate or not. Notarized documents are useless. This child is not a piece of property that you can sign rights over for. If you want to give this man rights, then do the paternity in court and get child support and then do a parenting plan that can be approved by the court system.
As the mother of the child born out of wedlock you are the natural and legal guardian and you do not have to take any actions to move with the child. If he wishes for time sharing then he will need to do Petition the court to establish his Paternity and for the court to put in place a Time Sharing schedule. Such an action will also have to address child support.
The notarized documents can be used as evidence or an Exhibit but standing alone they really do not secure his rights to the child.
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