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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 25995
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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where do I start to get help... My son is 16 and girlfriend

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where do I start to get help... My son is 16 and girlfriend id 18 they are now pregnant(crap) however, the girls Aunt/Uncle are planning on forcing her to sign over custody to them and sending her off to college in another state. She is scared of them and TOTALLY dependent on them for all decisions. My son grew up without his Father and does not want that to haapen to their son. Question: Does my son have a chance of raising his son?or fighting to get his son? Please point me in the right direction
Submitted: 4 years ago.
Category: Family Law
Expert:  Roger replied 4 years ago.

In Florida, the age of majority is 18 years old. Thus, his girlfriend is legally an adult and can do whatever she chooses. She doesn't have to give custody to the aunt and uncle - and CANNOT give your son's custody away.

 

The only way your son would lose custody rights is if a judge took them away and gave them to the aunt and uncle or someone else. To do this, it would have to be proven that the child is in danger if left with your son.

 

My suggestion is that you speak with a family law attorney in your area about assisting with getting custody and visitation rights for your son once the child is born.

 

Also, you can speak to the girlfriend about the situation and try to get her to agree not to give up her rights to the child.

Customer: replied 4 years ago.

I was told that he does not have a chance (if she decides to give aunt/Uncle custody) because they are not married is this a fact? My son wants the opportunity to raise his son especially if she is willing to just leave the baby to go off to college. Short of Marriage how can this happen or can it happen? Does he have a shot a getting his child when she leaves?

 

Expert:  Roger replied 4 years ago.

No, this is not a fact. Taking a parent's rights away is very difficult and something a judge never wants to do. Unless it is shown that he is unfit, he will be allowed to keep his parental rights, custody and visitation. However, it is possible that the child is placed in the guardianship of someone else - but he should not lose his rights to his child simply because of his age and the fact that they're not married.

 

If the mother doesn't want the child, he is - legally - the next of kin to the child and he is entitled to full custody unless a court rules otherwise.

Customer: replied 4 years ago.
Is it true that if he is not put on the Birth certificate (beacuse of the Aunt/Unclewill not allow her to let him sign) he will have to fight and pay for paturnity testing out of pocket and then still not get his son? The mother wants to raise her son but the Uncle is forcing her to leave for this college out of state when the baby will only be 7 months old. She is 110% dictated by the Aunt/Uncle. She is not allowed to do anything without the ok of both Aunt/Uncle.
Expert:  Roger replied 4 years ago.

If he is not on the birth certificate, paternity will have to be established. Whether or not he gains custody is up to the court.

 

Because the girlfriend is over age 18, she doesn't have to do anything her aunt and uncle say. However, if they are her source of income, I can understand that she does.

 

If they're going to resist your son's attempts to get the child, you need a lawyer asap.

Customer: replied 4 years ago.
Where to start I am a full time college student, single mother. So where do I go to get a lawyer? Can (if I qualify) get a court appointed one for this kind of matter? I need a direction to start and then I can plug on... Thank you :)
Expert:  Roger replied 4 years ago.

You can't get a court-appointed lawyer because this is not a criminal case.

 

You can contact the state bar association (http://www.floridabar.org/tfb/flabarwe.nsf) and ask for help locating legal aid services in your area. They can help your son with this matter.

Roger, Attorney
Category: Family Law
Satisfied Customers: 25995
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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