How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39154
Experience:  Retired (mostly)
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I signed the birth certificate in TN & we moved to FL & split

Resolved Question:

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: 7 years ago.
Category: Family Law
Expert:  socrateaser replied 7 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.

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney (or, for the purpose of obtaining debt relief counseling under the U.S. Bankruptcy Code); (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

socrateaser and 2 other Family Law Specialists are ready to help you