Legal Question in Family Law in Florida

child custody and visitation

My fiance and I had two children over a course of several years together. She left me with the children and moved over 300 miles away.

Is this allowed, what are my rights, I do pay child support, from her previous filing when we had seperated for a month.

She took them to Ft. Lauderdale from where we lived in Orlando, Florida and now I don't see my children.

What can I do about it?


Asked on 1/03/08, 10:12 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: child custody and visitation

If you were paying child support pursuant to a court order or if you had established your fathers' rights through any kind of a court order (usually through a paternity lawsuit), then she probably violated the law by moving the kids more than 50 miles away from you.

If there was no prior court order saying you are the father, you need to file a paternity suit to establish your fathers' rights. You may be able to get custody and will almost certainly get visitation.

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Answered on 1/03/08, 11:31 pm

Re: child custody and visitation

Unless I am missing something, Orlando is not 300 miles from Ft. Lauderdale.

Since you are already paying support, you should be able to go back into the Court where the support was established and get visitation set. I suggest, due to the distance, that maybe longer visitations, e.g., vacations, might be expanded. Best to have a lawyer with you when you go back to Court.

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Answered on 1/04/08, 6:15 pm


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