I live in collier county and my son lives in Jackson county with his mother. I have requested with her that I get to have him for the summer in which she initially agrees. But when it comes time for him to come down here with me I just get a lot of excuses. What do I need to do to have my visitation legally enforced? Is it possible for the courts to order us to meet half way for the child exchange?
Dear Anonymous,
Let's start with the basics. You do not indicate that there is currently any type of court ordered timesharing in place, nor that you were ever married to the mother.
If my assumptions are correct, then first before you can have any legally enforceable time sharing with your son, you must file a Petition to Establish Paternity, a Parenting Plan, Timesharing and Child Support (yes, that comes with it too). You see, if you were not married when the child was born, you have to go to court to legally establish you are the father, even if that is not in question.
There are forms available on line that can get you started if you search Florida Family Forms "Paternity." Although you can file the case in the county where you live, she can request that the action be moved to her county. Either way, once the case is filed, if you cannot resolve the issues through mediation or a settlement conference, ultimately a judge will decide. Although I cannot predict if you will get all of the summers, or what other timesharing the court may award, absent any findings that the child would not be safe in your care (and, again, I am assuming this is not an issue) then you will get timesharing- and likely a good chunk of the summer as well as other times as well.
You may wish to at least have a consultation with an attorney to get started as it will make navigating the waters to do this a little easier.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
954-316-3496
info@vovalaw.com
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