Currently my ex (non-spouse) is keeping my son from me and child support is being established as we speak. I'll be moving back to my home state of Ohio soon but I definitely want to be able to see and take care of my son like I was before. I'm not sure how do I go about about getting visitation rights between the two states as this is my first born child and I've never had to do stuff like this before. Once I get myself established in Ohio I'd like to go for custody but for now i just want to be able to see him again. I just dont want her to continue keeping him from me when I do any and everything I need to do as his Dad and and father. I really need advice if anyone could help I'd appreciate it greatly.
First, has paternity ever been established by the Courts? This is different from having your name on the birth certificate. Under Florida law, the paternity must be established by a court even if there is no doubt you are the father. Until that is done you have absolutely no rights.
So, what you should do, while you are still in Florida, is file a suit to establish paternity, a parenting plan and timesharing. Now, if you are planning to move to Ohio, you should do it to establish a long distance parenting plan whereby time is set aside for the child to come to Ohio and see you. Naturally, if the child is very young, then someone will have to accompany him in both directions, but this is what is worked out in the parenting plan.
As to "custody," we do not even use that term in Florida. It is merely timesharing, and when parents live in two separate states, the parent who is relocating needs to have a darn good reason why the child should move from his home state to another state. Florida Statute 61.13001 outlines the factors that a court uses to make this evaluation. Be cautioned, however, this is a very difficult burden to overcome, and you most likely will benefit from the guidance of an attorney.
Please also keep in mind that in establishing paternity you will also have the court determine each party's child support obligation.
Best of luck to you,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
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