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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27640
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am a birthfather of a 10 week old girl and I filed a

Customer Question

I am a birthfather of a 10 week old girl and I filed a Petition for Paternity in Florida. The birthmother has fled the state and has now lied on the financial affadavit saying she works for her friends that she is staying with as a housekeeper. How can I prove she is lying and is this a common enough occurence that the judge will see through it?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. Can you share with me a little more about why she is lying? Are you saying she is claiming she left the State for work?

Customer: replied 1 year ago.
far she has sent an answer to the petition for paternity within the 20 day allowed time. She stated that she moved to Washington state immediately after the birth of my daughter but oddly enough was here 3 weeks later when she signed when served with the papers. When she filed the answer it had been notarized in Missouri. When she filed the financial affadavit she it was notarized in Washington. The address she gives is in the home of longtime family friends of her family. I do not believe she could get a job and suspected she would put down that her friends are her employers. I believe that her parents fled with her and are staying in the same house as she is along with my daughter. The house is owned by these long time family friends.
Expert:  FamilyAnswer replied 1 year ago.

So is she claiming that Florida does not have jurisdiction over the matter and wants the case dismissed and filed in Washington?

Customer: replied 1 year ago.
no, she has not claimed that at all. My daughter would have to be there for 6 months uninterrupted for that to occur from what I understand. The petition was filed and she was served in Florida, she signed in Florida at the time of service regardless of her saying she was living in Washington as of 17 days earlier. I believe she lied on the answer as well.
Expert:  FamilyAnswer replied 1 year ago.

You certainly want to attack her credibility. If you believe she lied, gather evidence to present to the Judge. If you think people are lying on her behalf and have submitted statements/affidavit to the same, you may want to subpoena them and bring them into court as well, so you can question them. At the end of the day, even if she lied, you still want paternity to be established, so it is known you are the birth father. If you can present evidence to show this is the case, the Judge will order a test. Once it is determined you are the father, visitation or even custody can then be addressed.

Customer: replied 1 year ago.
I have never seen my child. The birthmother has kept her from me. Is this considered custodial interference?
Expert:  FamilyAnswer replied 1 year ago.

Not at this time. The reason being is that until you are established as the father and visitation or custody is ordered, she is doing nothing wrong. I know this is not ideal but happens when the parents are unwed and there is no acknowledgment of paternity .

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!