Legal Question in Family Law in Florida
child custody and visitation
My son has a son born out of wedlock, mom and dad are no longer together. The case has not been heard in court as of yet, she will only allow visitation when she wants and for how long she wants...she has complete control. She will not allow him regular visitation until parternity is established even though my son is listed as father on the birth certificate. She states that he is not paying her child support so she does not have to allow visitation. My son lives with me for financial reason, he just started a new job so has no money to fight this with an attorney and I can not help him. How can we go about filing for regular visitation without money? What are the steps? Does he not have rights since he is named as father on the birth certificate? They lived together for 3 years and the child is 2. Please help!
1 Answer from Attorneys
Re: child custody and visitation
Your son needs to file, calendar, and notice for hearing, a motion for temporary time sharing. If the date he gets is too far away, he needs to have the court schedule a case management or status conference, at which he can admit his paternity, so at least that issue gets out of the way. Alternatively, he could also file an acknowledgment of paternity, and unless she is contesting paternity--and if she started the lawsuit, chances are she has not, such an acknowledgment could be turned into a finding of paternity at the next court date. And while support has nothing to do with time sharing, it obviously wouldn't hurt if he started paying whatever he can afford. The most minimal support, without including child care expense, is about 225.00 per month. As for affording an attorney, many attorneys such as myself, offer limited appearances, and reduced and flat fees, to prepare documents, calendar hearings, etc., that make legal representation affordable.
Mark Hanks
Attorney Hanks, PA
St. Petersburg
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