Legal Question in Family Law in Florida

What if father kidnapped son and filed no paternity

Me and the father were never married we split up in 2005. My son has lived with me since 2005 to May of 2008 with no court order or written agreement but the dad would see his child every other weekend and on thursdays. May of 2008 when I went to pick my son, he refused to return him to me. I called the police but there wsa nothing they can do, they said I needed a court order, couple days later i filed a paternity suit. he then opened a dcf case with false allegations and 1 month later it was closed. I finally got a lawyer later and we filed a motion for pick up order which the judge denied because the fathers attorney screamed that at the hearing he was going to have witnesses testify to smoking drugs with me. so the motion was denied. (mind you i had not seen my son in over 4 months) 2 weeks later at the hearing nobody testified to that...we are pending my hearing (my case to present) i fired my attoney because she was imcompetent and inexperienced. its been a total of 6 months. what can i file to get my child back????


Asked on 1/20/09, 5:51 pm

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

Re: What if father kidnapped son and filed no paternity

You really need to get an attorney. Be careful in selecting an attorney as well since most attorney's are hesitant to take on a client who has fired the previous attorney or has had prior representation.

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Answered on 1/21/09, 11:51 am


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