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Child Abandonment

Family Law Discussion Forum

Child Abandonment

Postby Jessie » Mon Dec 05, 2016 6:28 am

Hello.

I am the mother of a 4 1/2 year old boy.  I have been split from his father for over a year and a half.  We were never married.  My son's father has never filed a paternity suit and I have never filed to receive child support for my son.  My ex-boyfriend is somewhere out of the state of Florida, possibly working, has no home address, migrates from job to job.  He is not answering his phone and I have not been able to reach him for 5 weeks now.  He has not spoken to his son.  I am not sure when, if ever he is coming back to the state of Florida.  His name is on my son's birth certificate and my son has his last name.  I want to take him off the birth certificate and want to change my son's last name to mine.  Would I be able to file for child abandonment on my son's behalf and be able to do this?  How long does he have to remain out of contact with my son before I can file for abandonment in the state of Florida?

thank you,

Dana
Jessie
 
Posts: 47
Joined: Tue Feb 25, 2014 4:16 am

Child Abandonment

Postby Cook » Thu Dec 08, 2016 9:14 am

Hello.

I am the mother of a 4 1/2 year old boy.  I have been split from his father for over a year and a half.  We were never married.  My son's father has never filed a paternity suit and I have never filed to receive child support for my son.  My ex-boyfriend is somewhere out of the state of Florida, possibly working, has no home address, migrates from job to job.  He is not answering his phone and I have not been able to reach him for 5 weeks now.  He has not spoken to his son.  I am not sure when, if ever he is coming back to the state of Florida.  His name is on my son's birth certificate and my son has his last name.  I want to take him off the birth certificate and want to change my son's last name to mine.  Would I be able to file for child abandonment on my son's behalf and be able to do this?  How long does he have to remain out of contact with my son before I can file for abandonment in the state of Florida?

thank you,

Dana
Cook
 
Posts: 49
Joined: Tue Feb 18, 2014 6:52 am

Child Abandonment

Postby Corben » Fri Dec 16, 2016 2:54 pm

Hi Dana I will assume you and the child are located within Florida. As such you will need to file a Petition to Establish Paternity and within that petition request that the court award you sole parental responsibility and the ability to change the birth certificate without the father's consent. Otherwise you must find the father and have him consent to the name change. You will not be able to remove the Father's name from the birth certificate unless the child is adopted by another person like a step father or you obtain a paternity test that proves that the father identified on the birth certificate is not the biological father of the child. I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

Sincerely,

Daniel Bachert, Esq.

The Bachert Law Firm, P.A.

330 Clematis Street, Suite 222

West Palm Beach, Florida 33401

(561) 653-3951

Palm-Beach-Divorces.com  
Corben
 
Posts: 35
Joined: Wed Jan 29, 2014 10:42 am


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