Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My 20 year old daughter is pregnant. Although we are not thrilled

with the father of this...
My 20 year old daughter is pregnant. Although we are not thrilled with the father of this child (been jailed, drives w/o license, conman, etc.) he says he wants to be part of this child's life. I'm not sure if this is just "talk" right now or if he means it. If he means it, I wouldn't deny him his rights. I would just like to know what his rights are and what hers and our rights are as her parents and providers for her and the unborn child. How does she go about getting child support? Does she need his permission if she decides to let the child go to adoptive parents? Can he fight for custody (any chance with his background? He (22) lives with his unemployed mother who are always facing eviction.) Sorry to ramble...I'm full of questions. Thank you ~ Susan
Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 minutes by:
3/24/2009
Leslie D.
Leslie D., Family Law Attorney
Category: Family Law
Satisfied Customers: 201
Experience: Experience in family law, abuse and assault victim advocate
Verified

Hello Susan,

 

Both parents will have equal parental rights upon birth, although sometimes fathers must establish paternity before the court will recognize their rights (although doing so is fairly simple and shouldn't be a problem for the father). He can file a petition asking the court to grant him full custody, but it will be probably be unlikely that he will be awarded custody with his background. It is more likely that he will be granted some visitation, but if your daughter can show that contact with him is potentially harmful to the child, the court may order that visitation be supervised or limited.

 

After the child is born, your daughter can get child support either by filing a petition to establish child support, or she can contact your state's child support enforcement agency to initiate the process to establish support.

 

If your daughter decides that she would like to place the child up for adoption, she will need the father's agreement to do so, as his parental rights would need to be terminated before any legal adoption can take place.

 

Generally, parental rights are reserved for the biological parents only and grandparents do not have the level of rights that parents have with respect to custody of the child. However, some states do give grandparents the right to seek legal visitation and in some cases, custody, of a child. If you let me know what state you are located in, I can provide some additional detail about your specific state law. If your daughter does decide that adoption is the right choice, you may be able to adopt the child if you can get the father to agree to the adoption.

 

Please let me know if you have any additional questions. If this answers your question, please click "accept" so I may receive credit for my answer.

 

Best wishes and good luck,

 

Leslie

Leslie D.
Leslie D., Family Law Attorney
Category: Family Law
Satisfied Customers: 201
Experience: Experience in family law, abuse and assault victim advocate
Verified
Leslie D. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
We all live in Florida. Thanks for the information.

Chapter 752 of Florida Statutes sets forth the circumstances in which grandparents can file for visitation:

 

 

752.01 Action by grandparent for right of visitation; when petition shall be granted.--

(1) The court shall, upon petition filed by a grandparent of a minor child, award reasonable rights of visitation to the grandparent with respect to the child when it is in the best interest of the minor child if:

(a) The marriage of the parents of the child has been dissolved;

(b) A parent of the child has deserted the child; or

(c) The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091.

(2) In determining the best interest of the minor child, the court shall consider:

(a) The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.

(b) The length and quality of the prior relationship between the child and the grandparent or grandparents.

(c) The preference of the child if the child is determined to be of sufficient maturity to express a preference.

(d) The mental and physical health of the child.

(e) The mental and physical health of the grandparent or grandparents.

(f) Such other factors as are necessary in the particular circumstances.

(3) This act does not provide for grandparental visitation rights for children placed for adoption under chapter 63 except as provided in s. 752.07 with respect to adoption by a stepparent.

 

It looks like you have grounds to file for visitation here because the child's parents are not married.

 

Florida law also allows for extended relatives of a child to file for temporary custody in certain circumstances. 751.03(8) of Florida Statutes states that parents must either consent to the temporary custody or they must have abandoned, abused, or neglected, the child. Assuming the father will not consent to you having temporary custody, you may still be able to get custody if your daughter consents and you can prove that the child's father has abused, abandoned, or neglected the child.

 

Please let me know if you have any other questions.

 

Best of luck!

 

Leslie

Ask Your Own Family Law Question
Ask Leslie D. Your Own Question
Leslie D.
Leslie D.
Leslie D., Family Law Attorney
Category: Family Law
Satisfied Customers: 201
201 Satisfied Customers
Experience: Experience in family law, abuse and assault victim advocate

Leslie D. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I had a child support case dropped last year, now the mother
I had a child support case dropped last year , now the mother gets mad when I'm late with the payment now she saying she going to open it back up Tuesday. He will be 17 May the31. But can she do that.… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I am wondering if i am obligated to pay child support for my
i am wondering if i am obligated to pay child support for my son his mom and i have not gone to court, we do everything between us. I spend a lot of time with my son, we have dinner 2 times a week and… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
I have a child support case tomorrow, the mother lost
I have a child support case tomorrow, the mother lost custody to the grandparents due to hard drugs. Grandparents have guardianship of my son, a hold was put on payments to stop from use of drugs. Gua… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,429 satisfied customers
My Husband pays child support to his child's mother. The
My Husband pays child support to his child's mother. The agreement was never brought to the court or signed.Can she file for child support and if she does will the court make him pay the 17% or take i… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
If a parents rights are terminated on one child, are they
If a parents rights are terminated on one child, are they automatically terminated on other siblings … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
It about Child Support vs visitation Court order when he
It about Child Support vs visitation Court order when he don't pay all the time .. … read more
Sue
Sue
Juris Doctorate
240 satisfied customers
Can I sue my sons mother for collecting child support even
can I sue my sons mother for collecting child support even though our son got locked up? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
Oklahoma child support agreed to a paternity test in the
Oklahoma child support agreed to a paternity test in the state i was residing in after agreeing they went to court the very next day and remanded me the father of 3 children and give me no paperwork a… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,261 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
My Grandchild was removed from his biological parent's at
My Grandchild was removed from his biological parent's at the age of 5 weeks old and they still do not have him back. We are the paternal Grandparents and would like to find out why he has not been re… read more
Sue
Sue
Juris Doctorate
240 satisfied customers
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,261 satisfied customers
Do I claim child support from previous marriage on my new
Greetings, Do I claim child support from previous marriage on my new separation papers to my current spouse? … read more
socrateaser
socrateaser
1,031 satisfied customers
My question is about child support case,and visitation; my
My question is about child support case,and visitation; my daughters dad never keeps her for his visitation never takes her for 30 days in July and doesn't do any of his financial obligations. I do ge… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
The plaintiff in my family law(paternity and child support)
Hello again!The plaintiff in my family law(paternity and child support) has provided incomplete financials, missing tax and income data for 2016 and 2017. Can I file a motion to dismiss? A motion to c… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x