Legal Question in Family Law in Florida
I have a child with my Ex. We were never married. The child spends most time with me.
Recently my Ex asked if she could stay a few weeks at my apartment after her surgery. I said that was fine. Its now been 4 months and she will not leave. Tricked me said she moved out of her place and was living with me.
I keep telling her to leave but then she starts threatening to take my son from me.
She will not leave I dont know what to do?
3 Answers from Attorneys
file an ejectment since she is not paying rent and you are not married to her. Her threats are empty. As to your son, I suggest you file a Petition for Paternity, Child Support, Visitation and Custody. It's time you put this in writing with the court. Please be sure to file putative father status on the Florida Registry for Putative Father.
You have two separate issues. The first is getting your ex to move out. Send her something in writing that says you want her out by a particular date- i would suggest at least 15 days notice. If she doesn't move out, then you have legal recourse through something similar to an eviction. The other issue is that it sounds like you don't actually have paternity and a parenting plan established. I would highly suggest that you file a Petition to Establish Paternity and for Related Relief so that you have a parenting plan in place and your ex can not just take your son away from you.
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