Legal Question in Family Law in Florida
I'm a father in Florida and have a 5 yr old. He has been living with me for the past 11 months, ever since the mom moved to New York last year. She moved back 4 months later, but she never asked for my son back, pretty much seeing that he had been improving alot in both school and in behavior. My son at first did not speak like a 5 yr old, and didn't know any of his letters or numbers. He didn't even understand when anyone gave him simple directions, causing behavior issues, but with patience and persistence, he learned. He also learned alot about following directions and has even become very artistic. Recently though, I believe due to my new marriage, the mom has become more persistent with causing issues with not picking up my son for more than a week, or picking him up for supposedly "a couple of days" and instead just keeping him for a week. I have tried to talk to her and have tried to come up with a plan, but to no avail. I would like to know my legal rights and my options, as well as my chances on getting legal custody, since we never married and never established it in court. Thanks.
4 Answers from Attorneys
Impossible to give answer in this forum. You need to see a family law attorney .
You need to purse a time sharing arrangement in court.
You have to file a petition to establish your parental rights. The trend in FL is to award 50/50 time sharing.
Are you on the birth certificate. You could file a Petition for Paternity, Child support, Custody and Visitation. I suggest you obtain an attorney to do so. You are in a much better position to have custody since you have had the child now for a year without her input.
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