Q: Can I obtain custody of a newborn child? Mother is violent to me (have video confession) and cannot afford to support he
Can I obtain custody of a newborn child? Mother is violent toward me (have video confession) and cannot afford to support herself or the baby.
My girlfriend just had our baby. She wants to leave me but she is an undocumented immigrant. She has family here (US citizens) that can help her though. I own my home (mortgage) and I make about 80K/year with yearly bonuses of 10k-20k depending on goals. She is not unfit to take care of the baby, but she has been physically violent with me, I have video of her confessing to hitting me. She also threatened to take the baby to her country. The baby is not breast-fed but bottle-fed, he never liked it.
A: You simply cannot get a full and complete answer on the internet by asking a few questions. What you need to do is go to see a local family attorney. I think it would also be good for you to read the provisions of Florida Statutes Section 61.13(3). These are the factors that the court uses in making decisions about children, and it is also a good guide as to how the parents should act toward each other and the child. You were not married, so you have to file a paternity case immediately, and you are going to need an attorney for that, especially since she is threatening to leave the country with the child. You have asked a question that is very difficult to answer without knowing a lot more of the facts and being able to ask you questions and get answers.
A:
You have to file a petition to establish your parental rights.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
jsmitten@careyandleisure.com
www.careyandleisure.com
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