Legal Question in Family Law in Florida
HI,
I have a 3yr old son with a man I did not married in Florida. My son lives with me for the past 3yrs and I support him, however I do not have legal custody with the state., I never filed. I allow his father to have overnight visits every weekend. This man (my son�s father)has not paid child support for my son and is now married with a two year old child with his wife. He is claiming his marriage is failing and that he might have cancer. He constantly asks for me back and tries to solicit sex from me. I tell him I don�t those feelings for him and when he is rejected he act outs and says he doesn�t like the people I date and it disgusts him and he doesn�t want anyone around his son. He will text me 10 to 20 times at a time asking how I can be with someone else and not him. Then will go on a rant saying no one is allowed around my son. He never cared about who I dated before his supposedly failing marriage. However, now that he is unhappy, he is directing his attention on me. Am I allowed to have a relationship with someone and allow my child to get to know that person? Can he keep me from being around another man while I have my son? He is never in harms way, he is always taken care of, has a warm and loving home, great grandparents, and everything a child could ask for.
2 Answers from Attorneys
You might be opening up a can of worms by pursuing litigation. However, if he is making unreasonable demands, pursue litigation to decide custodoy, and to establish child support.
Do not attempt to frustrate his relationship with the child. That is one of the main factors the Court looks to when deciding custody.
Although I realize child support is the least of your concerns, keep in mind that you can only go back 6 months for back child support.
Both parties are allowed to move on with their lives. Obviously, if the case goes to litigation, it would help if you didn't expose the child to undesirables. The same applies to "Daddy".
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.
Feel free to Google me.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1587 Main St., Ste. C
Dunedin, FL 34698
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
Do yourself a favor, file for paternity and child support. AFterward file for the visitation schedule for the child. As long as you let him control you, you will have no peace.
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