State of FLORIDA Stole my daughter
- by: Chad Gist
- recipient: state of Florida Lawmakers, Legislature and parents who love their children
Biological fathers have no rights in Florida
My petition is to protect biological fathers rights in Florida. The law in Florida states that a biological father cannot pursue a paternity suit against a married woman no matter what the circumstances of the case are. However on the flip side of this if this Law , if a married women gets divorced from her husband in the future both the married woman or her husband can file a paternity suit against the biological father. Where is the logic in this law? This is a law that needs to be changed. Social morals have changed tremendously over the years and changes are needed to protect the childs welfare and also protect the biological fathers rights! Keep reading to see how this Law is taking away my relationship with my daughter that I have already established.
I had a relationship with a married woman that lasted two years. On 8/30/06 she gave birth to a beautiful baby girl. A personal DNA was performed with the consent of the mother when my daughter was one month old and the test confirmed I was her biological father. My relationship with both the mother and the child continued.
I am also a married man and have been married for 13 years. My wife made the decision to forgive me and support me through all of this. I have two children with my wife, a 13-year-old son and an 11-year-old daughter. My daughters mother allowed my family to bond and develop a relationship with her. We have had my daughter every other weekend since she was two months old and I would see her two to three times during the week. Her mother told me countless times she wanted me to part of our daughters life, that she deserved to know her real father. Then around 5/07/07 she and her husband decide not to let me have anything to do with her, her husband told her that if she let my daughter see me then he was going to leave her, so she choose him over my daughter seeing her daddy.
We went to court on 7/16/07 to re-establish visitation however this was denied. We went back to court on 7/20/07 and the judge denied my attempts agian saying the laws state that a child born into a marriage is a product of that marriage and that the husband is the presumed legal father and there for I have no right to bring a paternity suit agianst them. The judge wouldnt even consider the facts of the case. I have been there for my daughter since birth. I have bonded with her. She is my daughter and now the state of Florida is going to take my rights as a father away from me! Where are the laws that protect my family? My older daughter is devastated over the fact she may never get to have a relationship with her sister. The extramarital affair was wrong, it shouldn't have happened but it did. Why am I the only one getting punished? Its not fair that women can control the situation. What happened to the best interest of the child?
Please help me in getting this law changed. The law reads this now
742.011 Determination of paternity proceedings; jurisdiction. --Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.
the last part of the law is what needs to be changed ( when paternity has not been established by law or otherwise) Just because someone is married does not mean they are the father. There are cases where women have been seperated from there husbands for years, and have a child by someone else and then decide to go back to there husbands and the biological father has no rights because of this law. ITS WRONG WRONG WRONG and I need you signature to help wrong this right and give our children the right to know there fathers.
thank you.
We the undersigned have come together to make a huge differance in the lives of many fathers and children across the state of florida. Just recently the laws in florida were changed to protect fathers from having to pay child support on children that were proven to not be there biological children. Also the laws in florida allow a women to bring a paternity action agianst any man she feels is the father of her child at anytime to force a child support order. These laws were put into place to help non -biological fathers and mothers, with theses changes you must implicate new chages to protect the biological fathers as well. the change that needs to be made are to the following law-
742.011 Determination of paternity proceedings; jurisdiction. --Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.
The last part of this law needs to be moddified, if a women is married at the time of birth the child "by law" is presumed to be her husbands, and a paternity action cannot be brought agianst them. You have willing fathers whom all they want is to be part of their childrens life, not running from child support, not dening they are the fathers, just want their children to know who they are and that they love them. This law was made hundred of years ago, and since then times have changed. A marriage used to last forever now more than a 3rd of all marriages fell. When this law was written you had way to tell if the child was the fathers now you do, when this law was written if the mother commited adultry the husband had the right to kill the other man and his wife. Like I said times have changed but one thing has not, a child still has the right to know who there father is and who there sibbling our.
Please help me in my efforts to make right some wrongs in the laws of florida and help me see my daughter agian.
Thank you for taking the time to read my letter.
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