Expert: Dan Bachert - 11/1/2009

Question
Dear Sir,
 My child's mother got up and left 3 months ago,leaving me to raise our 3 year old which I am happy to do.I want to see if I can have complete custody awarded to me.She drew up an agreement where I signed my car over in to her name and she gave me primary custody of our child.We both signed the agreement and had it notarized.i have no idea where she is.Please advise.

Answer
Hi Travis, you will need to file a Petitoin to Establish Paternity and Related Relief. When filed the mother will need to be served with a copy of the Petition. If she cannot be found to be served then you must do a diligent search for her as provided for and specified under Florida statute and certify to the court that you have done the due diligent search. Thereafter, you will be able to have her served via substitute service through publication in the newspaper, again as provided for and specified under Florida statutes.

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