QUESTION
I love live in Florida and I have a 4 year. old son out of wedlock. What rights do I have?
Asked on Jun 14th, 2017 on Child Custody - Florida
More details to this question:
My son is 4. I have been in his life since he was born. The mother is making it difficult for me to have a healthy relationship with my son. whenever she wants she doesn't let me see him. She has left the state and taken him with her. I have had my run in with the law, and she thinks that because of my legal issues that she she can do what she wants. She took him to Puerto Rico without my consent I told she cannot take Him and she did anyways, I am not sure what I can do. I'm getting tired of this game she plays because she is hurting my son more than anything. I feel like I just want to take my name off the birth certificate and give up. Please Help!!! Can I have her bring him back?
1 ANSWER
Dear Anonymous:
Even though your name is on the child's birth certificate, that does not establihs paternity in Florida. It must be established by Court Order in a court proceeding. Therefore, she had the ability to leave the state without your consent. If it has been less than 6 months since she left, you can file to establish paternity in Florida, but you must have her served in Puerto Rico. Whether or not the court will make her return ultimately, hinges on the specifics of the case.
So, if you want to try to ge her to reutnr you need to file now. At the very least you can establish time sharing rights- even if they are long distance. Keep in mind that will also result in a determination of child support.
Best of luck.
Cindy S. Vova
Answered on Jun 15th, 2017 at 3:22 PM