Clearwater, FL asked in Family Law and Child Custody for Florida

Q: Can the bio mom take the daughter whenever she pleases?

My boyfriends bio daughter lives with us and goes to school (1st grade). Her mother picks her up early some Fridays from school and keeps her from school Monday because she feels she needs more time with her. Without our consent. They never went to court for custody. The bio mom has the other 2 younger kids, she gave us the oldest one since she doesn't want her living with her. We do not want our daughter missing any more school. What legal rights does the bio dad have since the daughter is living with him full time?

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1 Lawyer Answer

Gregory P. Farrar

Answered

A: Unfortunately, the biological father of a child born out of wedlock does not have any significant rights until they are established by a court order. The father should seek to have the mother sign an acknowledgement regarding his paternity and an agreement regarding the timesharing of the child to insure his rights are established and protected. If she refuses to sign such paperwork he should file the appropriate pleading in court to establish his paternity and parenting rights.

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