More details to this question:
My friends Ex were never married, nor was he made part of the pregnancy. His daughter (Now 2 years old) does not have his last name on her birth certificate, yet paternity has now been established, and court ordered child support set in place that is paid. She uses their daughter to suite her own needs or for better words a pawn/payback- She controls everything, from when and if he gets to have visitations or even talk to her on the phone. She informs him without due notice he could no have his daughter, and was going to Tennessee We have not completed mediation and I am unsure of my rights, if any at this point to establish a temporary visitation schedule until our court date on 02JUL2015? And/or stop her from leaving state as she has threatened in the past to pick up and leave and never be found.
1 ANSWER
First, are you writing this for your"friend" or yourself? It really doesn't matter since you've not left your name.
Either way, you or your friend should file a Motion to Prohibit Mother From Leaving the County and/or State. Since paternity is established she is not permitted to make such a move without the Court's approval (another whole process) or your written agreement. Of course, if she does move, there is a process to return the child, but better to be proactive.
Along the same lines, you can file a Motion for Temporary Timesharing. The most difficult part is getting a hearing before the court, depending on what county you reside in, since courts in larger counties are often backed up. Still get it when you can so you can proceed if mediation is unsuccessful.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.com
954-316-3496
Answered on May 09th, 2015 at 10:10 AM