Unmarried Mother & Order of Protection

by Liz form Tampa, Florida, Hillsborough County

Unmarried Mother & Order of Protection:
Can you please tell me if I was never married to the father of my child who is 18 months old and there is a current order of protection in effect until 2012, does he have any custody rights to my child?

I have been the sole supporter and care giver since his birth as I have been the only one employed.

I've been solely taking care of him as well as the father and we have been apart since my son was 4 months old. He has been incarcerated for the last 11 months and I am really worried that he will try to take him or even gain unsupervised visitation once he gets out of jail.

Answer to Florida Court Forms Child Custody Question

Dear Liz,

Since you were not married to the father of your child, he does not have any paternal rights until and unless he asserts them. Is he the legal father? Is his name on the child's birth certificate? Did he sign an Affidavit of Paternity? Have you named him as the father in order to collect child support?

Your order of protection very likely includes a no-contact clause, where he is not allowed to see you, call you, or send messages to you through another person. As you must believe that your ex is a threat to you, be very diligent in not allowing him any contact whatsoever with you.

Ask the Domestic Violence Advocate to have the jail/prison contact you before he is released. (Sometimes Corrections entities are efficient about doing so, sometimes they are not).

You also might need to file a Supervised Safety Focused Parenting Plan. Instructions for that form state in part:

A Parenting Plan is required in all cases involving minor child(ren).

This form or a similar form should be used in cases when you feel your child(ren) cannot be safely alone with the other parent or if you believe shared parental responsibility presents a detriment to the child(ren).

In this case, a Parenting Plan must be developed that allows time-sharing with any minor child(ren), while providing protection for the child(ren).

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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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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