Legal Question in Family Law in Florida

I was just recently informed I have a son,from a girl i messed around with some time ago who was married...She lied about all the facts,to me and her husband for some time before finally telling him that itn was mine. (Facts meaning timing of getting pregnant and such to make me believe there was no way it could be mine..)Now 2 years later she says she felt guilty and told me ,Now she expects me to just walk away ,with no rights or anything..The kid has a good life ,but i feel screwed over,and not just me ,any decision about the kid was taken from me,my family,my kids have a brother they dont know and so on and so forth..The husband did sign the birth certificate,at the time thinking iot was his,and still to this day accepts responsibility...what kind of rec ourse do I have..Can I get partial custody ,or should I sue for danmages and compensation and sign over my rights!! Do I have any at all??? Thank You Tony

Asked on 11/18/09, 4:48 pm

2 Answers from Attorneys

Mark Hanks Attorney Hanks, P.A.


If the child was conceived or born while the mother was married to someone else, and the mother and that someone else want to keep raising the child, and keep you out, there is nothing you can do. Under Florida law, a putative father cannot challenge the paternity of a child born within an intact marriage, presuming the legal parents object. You can file your paternity action, serving both with the lawsuit, but once they both object to your petition, the case must be dismissed. However, if the putative father changes his mind, however, you may be able to file for paternity and time sharing (and have to pay child support).

Mark Hanks

Attorney Hanks, P.A.

St. Petersburg, Florida

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Answered on 11/23/09, 5:09 pm
Lucreita Becude Lucreita D. Becude, P.A.

My colleague Mr. Hanks has some very good advise. If you are really interested in having a relationship with your child, paternity suit is best. At least, with what you have said, the truth will come out. This child may not be yours. If it is, then the husband is on notice that this child is not his - which he may not be aware of.

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Answered on 11/24/09, 12:00 pm

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