Custody Papers Before Birth

by A Friend from Florida

Child Custody Papers Before Birth:
Can you be served with custody papers before your child is even born?

My friend is pregnant and her ex had some papers served to her.

We're not sure if its real but we need to know can they try to get custody before the child is even born.

Answer to Florida Court Forms Child Custody Question

Dear Friend,

If your pregnant friend was never married to the alleged father, he cannot assert his paternal rights until he is legally recognized as the father. One way to be considered the legal father is to sign the Acknowledgment of Paternity Form. The top of that form states:

THIS FORM MUST BE SIGNED BY BOTH MOTHER AND FATHER IN THE PRESENCE OF A NOTARY PUBLIC OR BEFORE TWO WITNESSES.

The Acknowledgment of Paternity Form can be found by following this link from the Florida Department of Health.

He must also Register as the Putative Father through the Department of Health and Vital Statistics. The following instructions for a paternity action are posted on their website:

Filing a Claim of Paternity

Sections 63.053 and 63.054, Florida Statutes, provides an "unmarried biological father" the opportunity to assert his claim of paternity by filing the Florida Putative Father Registry
Claim of Paternity form. DH 1965 (English 123k pdf) ; DH 1965S (Spanish 123k pdf ); DH 1965H (Creole 116kb pdf)

A $9.00 filing and indexing fee for filing a claim of paternity is required and must be submitted with the Florida Putative Father Registry - Claim of Paternity.

A Claim of Paternity may be filed at any time prior to the child's birth BUT a claim of paternity may not be filed after the date a petition is filed for termination of parental rights.

The child's birth record is not impacted by such a claim and if the father wishes to be listed on the birth record as father, he must have the mother's agreement or seek an order from a court of competent jurisdiction. Sections 382.013 and 382.016, Florida Statutes, provide for voluntary paternity acknowledgment by both parents.

A man is presumed to be the biological father if:

• The minor was conceived or born while the father was married to the mother;

• The minor is his child by adoption;

• The minor had been established by court proceeding to be his child;

• He has filed an affidavit of paternity by acknowledging paternity in conjunction with the child's mother at the hospital at the time of child's birth or by subsequently filing an acknowledgement of paternity in conjunction with the child's mother with the State Office of Vital Statistics both of which constitutes the establishment of paternity as provided for in section 742.10, Florida Statutes.

A DNA test is necessary to prove paternity if the mother disputes that the alleged father is the biological father. The alleged father would need to file a Motion for Scientific Testing to prove his paternity.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Florida Court Forms Self Help Guides

Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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