Legal Question in Family Law in Florida
My ex left me at 5 months pregnant and id not look back. He new where i work and live. My son turned 2 on december 28. My ex is very immature 26 and im 34. He went around denying his son telling my co workers the baby was not his. We worked together and quit his job as well. He was cheating on me with his ex who has 2 kids for him. I wanted to move on and protect my baby. So I applied for child support from him and had court ordered paternity test. So january 2010, was our court date to start the child support process and the amounts I would be getting. I pay 75% and he pays 25% based on our paycheck. At the end of the session, he turns to the judge and says he doesnt want any visiting rights to our son. The judge told him he doesnt care, that we are here for child support only, and whether he wants to see our son is between me and him. He has come to my job many many times since the birth of our child, he is friends still with some of the co workers, but he never comes near me. I have brought the baby lots of time to work cause sometimes I didnt have a babysitter. My job was understanding. He was there many times when the baby was there, but never once did he walk in here to meet his son. The door was always open. i would have never stopped him. His ex girlfrined sent me a really bad letter. well she mailed it to my parents house. Mind you im 34 now, why to my parents? She threatened me telling me Her kids would have nothing to do with the" embryo". and how can my family support me in keeping this embryo. I still have thi s letter. He and her both tried talking me out of having my baby. I was so afraid at that point, that he would harm me and my baby. Anyways , his ex , sent me a letter through email on jan 15 2012. She wanted to apologize for what she said to me and thank me cause i guess she left hima nd her live has gotten better. i forgave her. We talked about getting the kids together to meet their brother and sister,. That same day he heard about us talking, he showed up at my job trying to make converstaion. Then he emailed asking if he can see our son. I told him Im not sure what to do, cause he abandoned us and only now he wants to see him. I feel that he wants to see my son only cause his ex called me, which had me thinking alot. Well finally I deceided that I do want my son to know his father. I felt happy for him. So i met with him and then introduced my son to him at my home. For the past 3 weeks, he has seen my son 2 times even though I told him he can see him when he wants. Then he was supposed to come by so we can talk about scheduling him twice a week to visit. But he never showed up, and I texted him , he said he just woke . I got upset because our son was way too important. So then I allowed him to come later that day to see him, and we can talk. So he supposed to see my son tuesday and fridays at my home with me around. I dont trust to let my son be alon ewith him. So monday he text me saying how he dont feel comfortable seeing my son at my house. Im not sure what he mean by that, and he wouldnt elaborate. He says it feels like hes coming to me. An dhe wants me to take our son to him. I told him your making no sense and this is childish. I said you are coming to see your son like you wanted to,. Anyways I agreed for the park on fridays but told him to come by the house on tuesday . He calls me tuesday at 5:30pm asking if im coming. I was lost and asked what are you talking about. I said come here today and friday will be the park. He hung up the phone, turned his phone off and went straight home. I texted him and told him , thi sis very childish and I didnt want this type of behaviour around my son especially once he gets to know you as his dadddy. If you really wanted to see him, you would have seen him, no matter where it was. Your making it about you when its about OUR son. Now, my question is what can I do? I would never take my son away from him, but at the same time I cant tolerate thi stypr of behaviour. It can get very overwhelming and I need to take care of my son, not get stressed out. So hes missed 2 visits so far, and I had things I needed to get done. I dont want him to take this to court, because my son and I are happy. I havent stopped him from seeing our son, but I dont want to listen to threats about him getting visitation rights through courts. Im confused and need someones help. I dont want him to feel he's got control of what happens next, cause god I have been through so much without him or my family. I am stronger from it all, and dont want that taken from me. I want a good role model for my son. Sometimes I feel like hes just wanting to hurt me through my son , but I have no proof. Please help me understand my rights and his rights. He has been gone for so long, and never showed up for a birthday, xmas or just to see our son. He didnt suffer, I did. But he gets to pickup where he left off without any repercussions.
1 Answer from Attorneys
to be perfectly honest here, you are creating your own problem. If he wants to see your son, have him file papers with the court. I doubt that he will and I doubt that he has paid you any support. Get control of yourself and stop this nonsense.