Thank you for getting back to me.
Your answers only told me what I already new .. perhaps because I did not frame the questions clear enough.
Let me try again ...
My son's name is ***** ***** his somewhat significant other is named Kira.
Michal and Kira have never been married and never made any marriage vows - and Michael has always said that he never planned to marry her or do so. The relationship has never been monogamist on Michael's part, both long before they began living together and thoughtout the years that followed. Kira has always been aware of that fact.
Kira was Michael's office assistant and personal confidant and they had a relationship that was more Brother and Sister like than anything else. Nevertheless, they both wanted to have children at some time in their life ... and so, notwithstanding that there was no promise of marriage in the future ,,, they nevertheless had two children Ava 5 years 10 months old [she was born in California, where they lived together at the time], and Luke 2 years and 9 months old [he was born here, in Palm Beach County].
Michael is shown on each of their Birth Certificates to be their Father.
For the past 6 years or so, they have lived together as a "Family Unit" in a five bedroom home that Michael has provided for them. Michael has also provided them with Private Schooling since they were both 2 years old, and has given them everything a parent would and should normally provide ... given the circumstances of the relationship between himself and Kira.Several days ago, without any notice or warning (kind of in the middle of the nigh), Kira removed herself from the home and took the children with her. Simultaneously, she had Michael served with a "Summons" and a "PETITION TO DETERMINE PATERNITY
AND FOR RELATED RELIEF.
The papers also list Kira as the "Wife" and claim to be a Petition for the "Disillusion of Marriage". As such, among other relief, the papers seek "Legal Fees' from Michael for Kira's expenses in bringing the Action. Of course, she is also seeking child support
, which, although Michael is currently unemployed, Michael would never deny her. Kira is also asking for sole and exclusive custody of the children with exclusive authority over their health and education decisions, based on an allegation that Michael is unfit to make such decisions - without offering any reasons for making such an allegation.So a better way to frame my questions would be this:1. is it necessary under Florida Law to bring and Action to establish Paternity, when Michael is listed as the children's Birth Certificates as their Father ??2. Can a person bring an Action for the "Dissolution of a Marriage" when there is, and never was. any marriage to dissolve ??3. While it appears that Florida Law provides for Legal Fees to be pain in Actions brought to "Dissolve a Marriage" is is proper to ask for legal fees under the circumstances described above ??4. Given the circumstance detailed above, what right does she have to demand "exclusive custody" and that if the Court should direct Visitation, that all such Visitation be "Supervised !!" ??5. Should Michael make a Motion to Dismiss based on the fact that the Papers are so defective - or would the one issue, child support, preserve the Action.6. Should Michael ask for Legal Fees , for having to defend the frivolous allegations in her papers, given that she, and her attorney, knows [or in the case of her attorney, should have known] that those issues are frivelous.Thank you in advane for four reply.