QUESTION
Do I have a case for supervised visitation for my ex?
Asked on Jun 26th, 2015 on Family Law - Florida
More details to this question:
Hi. I have a dilemma with my ex when it comes to our daughter. He was absent my entire pregnancy and has denied our daughter during that time. He has made threats to me, fought with me (verbally) my mother and friends have witnessed it and my mom doesn't want him over. She would prefer him not to be able to come around me and the baby unless she or someone else is present because of what he's said to me. Her dad has has said things to me such as "Oh I can have her taken away from you, all I have to do is make one phone call." Or "If I take ger right now and go to my parents house there's nothing you or the police can do about it." He tells me those aren't threats but to me they are. I'm a mother that is solely breastfeeding, no pumping and no formula and he knows that but to me he says "She doesn't need you I can give her formula." I dont know what to do. I'm afraid that if unsupervised he'll try to take her away. I have no record, no substance abuse, I have my oldest daughter. Help?
1 ANSWER
It is unclear whether by your ex your mean your ex husband or boyfriend, as for this purpose is makes a difference.
I will assume you are talking about an ex-boyfriend. If he has not petitioned the court to establish paternity, he is a legal stranger to the child and definitely cannot "take" the child from you. Technically, he has no "right" to any timesharing with the child. However, if you want to get ahead of this situation you can file a Petition to Establish Paternity and a Parenting Plan. The court will also establish child support. In this petition you can specify that you want the father to only have supervised visitation and why. However, supervised visitation is not easy to "obtain" from the court and it will definitely will not be permanent. Please see form below for the form for petition to establish paternity.
http://www.flcourts.org/core/fileparse.php/533/urlt/983a.pdf
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Jun 29th, 2015 at 6:26 AM