QUESTION

How can I ensure that I will have 100% custody of my child?

Asked on Jan 08th, 2025 on Family Law - Florida
More details to this question:
I had my daughter one week ago. Her biological father decided when I was pregnant that he did not want to be involved at all. He has not provided any financial support, has had zero involvement, and his name is not on her birth certificate. He lives in another state. My fear is one day down the line he will decide he wants to be a part of her life and try to come back in it. He told me he would wave his parental rights over to me. Is there a way for him to sign her rights over to me? What steps can I take to prevent him from one day having a change of heart and coming after custody or visitation rights?
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2 ANSWERS

Personal Injury Attorney serving Orlando, FL
3 Awards
The father has a constitutional right to see his daughter. So if he decides to file an action to get a court order for reasonable visitation or even joint custody, then you will have to defend that action. In that action, you can also file a countersuit to get child support. Normally the judge always gives primary custody to the mother when the child is of tender years, and normally the father would get reasonable visitation privledge. 
Answered on Jan 13th, 2025 at 8:04 AM

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Family Law Attorney serving Plantation, FL
3 Awards
Dear Anonymous: Congratulations on the birth of your daughter! I understand your concerns completely.  As to this man waiving his parental rights, unfortunately it is not that easy.   The law says that a child is entitled to have two parents, and more compelling is the fact that both parents are "required" to contribute to the support of a child.  If  you were to apply to receive aid from the state, then the state would want to have the right to pursue the father for reimbursement of funds the state was paying to help support his child. Also, even if you can well support your daughter without any assistance, the state wants to make sure there is another parent who you can bring to court to get support.  Raising a child is not cheap! That said, if in the future you were to marry, and your spouse wanted to adopt your daughter, to ensure that all basis were covered, you would likely want a waiver to complete the stepparent adoption, even though the bio dad is not on the birth certificate.  As such, you might want to get the waiver now so that if it is needed in the future, you have it and do not have to try and track this man down. I hope this helps. Best  wishes, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade:  954-316-3496 Boca Raton-Palm Beach: 561-962-2785  
Answered on Jan 10th, 2025 at 10:00 AM

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