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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10259
Experience:  Experienced Family Law Attorney
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My son was in the Navy and living in Beach. And met a girl,

Customer Question

My son was in the Navy and living in Virginia Beach. And met a girl, also in the Navy. We don't know for sure but he thinks she got pregnant to trap him. Which is exactly what her mother did. My son thinks she was afraid to be deployed. My son was deployed for 11 months. Anyway she got pregnant. My son is on the birth certificate as the father. We also did the paternity test to make sure she is his, and she is. They moved to Orlando because she got a night shift job checking people into the hotels. They split up and he now lives with us in Savannah, GA. She still lives in Orlando. She really gives him grief about the baby. For the most part she won't meet him halfway which is in Jacksonville so he can get the baby. They are both doing one week then they switch. I don't know for a fact but my son used to work on Saturday's and would get home at 12:30 and the baby would be in the crib without a bottle or a change of her diaper. And she would be on the other side of the apartment with headphones asleep. I would not be surprised if this is not still the case with her. She has a friend watching the baby at night and until last night refused to give him the phone number to check on her. What if any rights does my son have?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Are there any custody orders in place?

Customer: replied 1 year ago.
no
Expert:  LegalGems replied 1 year ago.

Thanks for your patience as I looked into this for you. Even if a parent establishes paternity via DNA and by putting the father's name on the birth certificate, absent a court order setting forth custody and visitation, the biological father has no rights, so it is imperative to get a custody order. When establishing a custody order, the court will look to the best interests of the child, and to the current arrangement. So if the father has been actively involved, that will be viewed with favor by the judge. If the mother is not taking competent care of the child, that can result in the father being named primary custodial parent. Under the UCCJEA, a federal act governing child custody jurisdiction, the child's home state (where the child resides) has jurisdiction over child custody, child visitation and child support.

Expert:  LegalGems replied 1 year ago.

Here are the required forms; http://www.flcourts.org/core/fileparse.php/293/urlt/983a.pdf