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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37871
Experience:  Retired (mostly)
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I signed the birth certificate in TN & we moved to FL & split

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I signed the birth certificate in TN & we moved to FL & split up, we were never married. In a month I've given her $1k & she will only let me see him, not take him to my parents or sisters place to visit all them or stay the night. She goes out the weekend & leaves him w/her family or a sitter & I've asked to keep him for her & she won't let me. In the state of FL w/a certified copy of the birth certificate, can I go take him from a sitter or her family if she's not present? I don't care that she goes out, I just want to spend time w/my son & him see my family & know them.
Submitted: 6 years ago.
Category: Family Law
Expert:  socrateaser replied 6 years ago.
If you have a certified copy of a birth certificate, and there are no custody or visitation orders ordered from any court anywhere, then you have the joint right to custody over the child, and you can simply take the child from anyone other than the other parent -- who is in exactly the same legal situation with respect to you.

The problem is that if you try to forcibly take the child from a sitter, and the sitter calls the police/sheriff, you could be arrested for committing a breach of the peace, and criminal trespass -- even though you would not have committed kidnapping or interference with custody.

This would leave you in worse shape than you're already in, i.e., you would be sitting in jail and the child would be returned to the other parent, or to foster care.

The only way to resolve this issue is to petition the family court for custody orders. It's expensive and annoying, unless you just happen to be able to convince the sitter to turn over the child without any argument.

For a family law attorney referral, see these links: ABA; Martindale. If you can't afford a lawyer, then try Florida Legal Aid.

Hope this helps.

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