ate with my son. She has had numerous domestic police calls to the house and has a long history of dating felons and drug addicts.Looking to obtain full custody of my son with her receiving supervised visitation since she has already left the state with my son without my consent.
Dear Anonymous:
Oh my, you have a number of issues.
First, was paternity ever established by a court? If not, you technically have no legal rights to your son. If it has been, do you have a parenting plan that sets forth timesharing? If not, you need that as well, but that can be incorporated into the paternity petition and/or Petition to Modify Timesharing (see below)
You would have to file an action to establish paternity and have the mother served wherever she now is.
However, how long has the child been gone from the state of Florida? If it is less than 6 months, you can file the action in Florida. If it is more than 6 months, most likely you will have to file in the state where the child now lives.
Now, as to obtaining "custody." We do not call it custody in Florida anymore. As indicated above, if you have no timesharing established by the court you need to get that done, and while doing that (same case) ask for the majority of the timesharing. I wish I could tell you that you would ultimately prevail, but that is for a court to decide, and I've done this too many years to predict outcomes. However, from the limited information you provided, it does at least appear that you would have a case to pursue having majority of timesharing. The rest is truly dependent on all facts.
My suggestion is that you consult with an attorney. Doing a face-to-face where the attorney can get more information may help guide you through this. I enclurage you to do it sooner rather than later because the more time that expires, the less likely you can get a favorable outcome.
Best of luck,
Cindy Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/ 561-962-2785
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.