QUESTION

can the father of my son keep me away from him?

Asked on Aug 07th, 2018 on Family Law - Florida
More details to this question:
i have been avoiding this but my son been staying at his grandparents house since he got released out of hospital but they raising him like he is there and his father is there too i dont know what to do i just want to see my son.
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1 ANSWER

Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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I am sorry your son was ill or injured and required a hospital stay. I trust he has recovered to the point where he is now released. You didn't say if you were married to the father of your son, but for purposes of this response I am going to assume you are not as you did not refer to the father as your husband. You wrote that your son is living with his father and both are living with his parents. You would like to see your son but apparently the father is not allowing you to do so. I am not sure how old is your son but am assuming he is quite young. I am also assuming that you are a Florida resident as is the father and his parents, and that your son has lived in Florida for the preceding six months. All that said, if  the paternity of the father has not been established, you need to do so by filing a petition to establish paternity in the Circuit Court covering the county where the boy lives. The court in the paternity case will determine several issues that will help you: First, the court will determine that the father is the legal/biological father of your son. Second, it will establish that both you and the father have joint decision-making rights regarding your son, which include medical care, education, etc. Third, the court will order a timesharing (visitation) schedule for both you and the father. This will set when you can see you son, have your son stay overnight with you, and the like. Fourth, the court will set child support which is determined by your income, that of the father, and the amount of overnight timesharing each of you has with the boy.  The key criterion the court will use for the second and third issues (joint decision-making and timesharing) is to determine what is in the best interest of your son. Once these rights and obligations are established by the court, you can enforce your right to see your son. Best wishes to you. - David B. Mitchell, Esq.  
Answered on Aug 08th, 2018 at 7:55 AM

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