On December 25, 2022, my cousin’s four-year old daughter was forcibly taken from him at gun point.

 

On Christmas day, my cousin picked up his daughter from [Redacted] mother, [Redacted] home without incident.  When he learned his daughter had been gifted a cellphone, he turned it off with the intention of returning it to [Redacted]. When [Redacted] discovered [Redacted] was no longer able to track the phone, [Redacted] discussed it with my cousin and they agreed for him to bring it back to [Redacted] home. Instead of waiting for my cousin to bring the phone, [Redacted] and [Redacted], [Redacted] domestic partner, drove in their car with a rifle in the backseat to meet my cousin at the gas station to confront him. Rather than retrieve the cell phone and leave, Rolle approached my cousin aggressively and [Redacted] proceeded to remove his daughter from his car. My cousin refused to argue with Rolle in front of his daughter and attempted to walk away. That is when Rolle pulled out the rifle. [Redacted] then placed his daughter in the backseat of their vehicle and Rolle placed the gun next [Redacted]. When Rolle closed the door, he assaulted my cousin, pulling out several of his locks. [Redacted] attacked my cousin from behind, digging [Redacted] nails into his face. My cousin’s fiancée, who was present, broke up the fight, but another fight broke out. Once they were separated, [Redacted] and Rolle fled the scene with my cousin’s daughter hysterically crying, unrestrained in the backseat. [Redacted] had unsupervised access to the rifle that was also in the backseat and had just witnessed an unprovoked assault on [Redacted] father.

 

It took eleven agonizing days for my cousin’s daughter to be returned to his care. Broward Sheriff’s Office and child protective services cited an antiquated Florida Statute that gives mothers default custody of a child born out of wedlock even after paternity is ordered by the court or established as an operation of law.  In 1998, legislation was enacted that a child should have frequent and continuing contact with both parents and courts are required to order shared parental responsibility unless detrimental to the child. Statute 744.301, stipulates that the mother of children born out of wedlock is entitled to the primary residential care and custody of the child unless the court enters an order stating otherwise and that must be changed.

 

Paternity Adjudicated

Fathers whose paternity, of a child born out of wedlock, has not been established as an operation of law rely on the courts to adjudicate paternity and parental responsibility. When adjudicating paternity, at the request of the mother, courts also order child support but rarely grant the father parental responsibility, and this needs to change. When paternity is established, in addition to ordering child support at the mother’s request, the court should immediately establish parental responsibility consistent with Statute 61.13(2)(c)(2) which requires the court to order that parental responsibility be shared by both parents unless the court finds that shared responsibility would be detrimental to the child.

 

Paternity Establish as an Operation of Law

When a father’s paternity, of a child born out of wedlock, has been established as an operation of law, there is diversity of opinion as to whether or not he has the same rights as a father whose child was born in his intact marriage with his wife. Unless paternity is challenged and it has not been determined by the court that he abandoned his child or his parental rights have been terminated, when paternity is established as a matter of law, 744.301 should state that both parents, married or unmarried, jointly are the natural guardians of their own children and neither parent can act as the sole guardian unless sole parental responsibility has been granted.

 

Please sign this petition requesting the Committee on Children, Families and Elder Affairs submit a bill modifying FS. Statutes 744.301 and 61.13 as follows:

 

744.301

The parents, whether married or unmarried, jointly are the natural guardians of their own children and of their adopted children, during minority, unless the parent’s parental rights have been terminated pursuant to Chapter 39. If a child is subject of any proceeding under chapter 39, the parents may act as natural guardians under this section unless the court division with jurisdiction over guardianship matters finds that it is not in the child’s best interests. If one parent dies, the surviving parent remains the sole natural guardian even if he or [Redacted] marries. If the marriage between parents is dissolved, the natural guardianship belongs to the parent to whom sole parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as natural guardians. If the marriage is dissolved and neither parent is given parental responsibility for the child, neither may act as sole natural guardian of the child.

 

 

 

 

61.13(2)(c)(2)

Upon determination of paternity, the court shall immediately order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. The following evidence creates a rebuttable presumption of detriment to the child: (…)