Legal Question in Family Law in Florida

My son lives with his mother in Florida and I live in England. We are legally still married but haven't been together for well over 5 years.

Since she's returned to the US with my son, for the most part everything has been cordial. I pay her $350 a month to help support my son- I would pay more but I've been struggling financially ever since I left the Air Force in 2004. Sometimes the payments are a little late (a few days or a few weeks) but I'm always sure to pay. Over the years I've kept close with my son and usually spend time with him on Skype weekly.

This arrangement was ok until 2 weeks ago. I agreed to pay her at the beginning of each month and I was running 2 weeks late. When I told her I'd gotten the funds and I was going to pay her the following Monday, she then told me that she was sick of my being late and told me not to worry about paying, and to never contact them again. I told her she can't do that to me- that he's my son and I'm entitled to a relationship with him. Since then she's refused to answer my emails or my calls every day to spend time with him.

I just want to continue to have a relationship with my son. Can she do this to me? What can I do to make her allow me to speak to him? Thank you for any help.


Asked on 6/21/12, 5:28 pm

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Obviously you have not filed anything in the court. With that in mind, the child is just as much your as he is hers. There is nothing to stop you from seeing your son or coming to get him. Of course, know that she will file an immediate emergency to stop you from taking him. However, what you need to do is file a Petition for Custody, Support and Visitation and then file for an emergency temporary needs for visitation. Sadly you will have to probably come here to do all this since this is where your son is. You do not state how old this child is - in Florida children can speak to the judge if they are at least 10 years of age.

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Answered on 6/22/12, 6:10 am
Robert McCall Law Office of Robert McCall

As much as you hate to get involved in litigation, now is the time. A Petition needs to be filed in the county where the child has lived for the last six months, or longer, period of time.

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Answered on 6/24/12, 8:21 am


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