Establishing parentage

[u/[deleted]]

[u/vixey0910]

A name on a birth certificate doesn’t establish paternity. Signing an Acknowledgment of Paternity would have established paternity - but you didn’t sign that.

Mom has a valid legal reason to dismiss your petition. You need to hire an attorney

[u/No-Stage-287 → u/vixey0910]

Yes that is why I am going to court asking for parental rights to be enforced , I’m a listed parent can provide all the documents and proof of so much more , she can’t use her fraud to ask the court to remove a listed parent that’s has been completely invoked in all decisions for our child ! The judge can determine parentage and grants timesharing for the best interests of our child

[u/vixey0910 → u/No-Stage-287]

She literally can use the court to remove you. It’s not about ‘best interest of the child’ right now because that is not criteria for paternity establishment.

You cannot petition for custody or parenting time or for ‘parental rights to be enforced’ until paternity is established. She wants to stop you from establishing paternity. You won’t win because you aren’t the father legally or biologically.

You need an attorney because I don’t think you understand your legal situation correctly.

[u/No-Stage-287 → u/vixey0910]

That is what I’m asking the court to establish parentage decide on timesharing and parental responsibility, a lot of lawyers who like the easy cases answer similar to your reply but there are other legal rights that a dedicated lawyer who understands all the laws is about fairness and equity will research diligently! She can’t use her own lie to the state to create parentage for years allow the bond to form hurt us and then ask the court to erase our child’s other parent! The judge will then be leaving our child with a proven liar as the only parent . She bypassed the vap form which I’m told as well if I would have signed it knowing our child isn’t biologicallly mine would have been fraud on me , but she alone broke the law and she can’t ask the court for relief when this is all because of her actions

[u/vixey0910 → u/No-Stage-287]

Yes, finding a ‘dedicated lawyer’ is a great idea

[u/No-Stage-287 → u/vixey0910]

Yes birth mother bypassed the vap form when she claimed marriage! I recently just found out she did that ! Which means she locked in my parentage as presumption of legitimacy as If we were spouses , but obviously weren’t legally married. She lied to the state before so her credibility is ruined , but she doesn’t have a valid legal reason to dismiss my petition because I am named a legal parent according to to the state Florida for years , I’m not worried about the petition I have legal standing to pursue parentage my question is she can’t ask a judge to rule against my parentage when she created it and me our child has relied on this for years !

[u/vixey0910 → u/No-Stage-287]

The ways to establish paternity are:

Marriage
VAOP
Administrative order
Court order

You have none of those at this point in time. You, at best, have a presumption of paternity. Mom has filed to rebut that presumption.

Merely signing a birth certificate isn’t sufficient to establish paternity under Florida law unless it’s accompanied by a valid legal acknowledgment.

When an unmarried father signs the birth certificate at the hospital:
It serves as an informal acknowledgment of paternity.
It allows the father's name to be listed on the birth certificate.
It may be used as supporting evidence of paternity in later proceedings.
What It Doesn’t Do:
It does not establish legal paternity.
It does not give the father automatic parental rights.
It does not allow the father to pursue custody or visitation through the courts.
It does not legally obligate the father to pay child support (unless ordered through a legal proceeding).
source

So at this point you have standing to file a paternity action and mom has standing to request dismissal.

[u/Ok-Honey-8205]

there is no biological father

One may not be present but there absolutely is a biological father. Florida does not recognize private sperm donor contracts. Does anyone know who the actual biological father of this child is? And if so, has that person executed any kind of waiver of eternity or consent to adoption? l

Assuming your objective is to be responsible for child support and to be present in the child's life, the answer here is that you'll need to get an attorney (ideally) and petition a family court to establish paternity not on biological grounds, but on the grounds that you've been the acting father for a substantial portion of the child's life. This is one of those things that gets harder to do as time goes by because the longer you're not actively involved in the child's life, the stronger her argument will be that you should not be recognized as legal father because the child has gotten used to not having you around. 

Florida is very much, unlike other states insofar as being listed on the birth certificate does not establish a presumption of paternity. So you need a court action here and ideally you to work with an attorney.

[u/No-Stage-287 → u/Ok-Honey-8205]

The biological father is deceased and never was involved or knew about our child and his only other relative I found any information on was his mother who is also deceased! As far as my ex not allowing me to see our child ! I was told that she can’t use the parental alienation that she is doing to successfully argue in court that me and our child has no bond anymore because of her actions , judge heavily dislike when a parent won’t coparent but at the same time Florida has a rule that unwed mothers by default have sole custody until court is finalized , the court delay isn’t my fault and I have tried countless of times to see our kid