Legal Question in Family Law in Florida
Ok, so I went to my wife's boyfriend's place, and tried taking my son home, but it turned out they had prior engagements at some sort of dinner (where undoubtedly she's going spread around that her boyfriend is the baby's father now...) so I decided not to take him home. I told them I'm coming back tomorrow to see my son, but they said I can only see him at certain prescribed times (prescribed by them I might add). They said they were taking him somewhere, and that I had no right to know where they were taking him, and that I wasn't allowed on their property to see my son until their prescribed time.
They also told me today that I could not see my son unless I went onto their property, thus agreeing that I can be recorded...they posted signs up onto their house stating that everybody on their property is subject to recording. They told me that I could not see my son unless I followed their rules, and waived my rights to privacy. I think that is a bit illegal...they also said quite a few times IN FRONT of the baby that I'm not the father, and that I have no sayso over anything.
Well, I may not be the biological father, but there have been NO paternity tests done yet, and as far as I (and the courts) know, that baby is mine.
Do I have the right to ask where he is going? Do I have to waive my rights to privacy, or even step on their property to see my son? Do they have the right to set up ridiculous visitation schedules when NOTHING is in court yet?
What do I do when I go back, and want to see my son without waiving my rights? Also, if I want to take him home with me, can I just walk off, even if they're yelling at me to come back?
This is very sketchy, but nothing is in court yet, and I am sick of them ignoring my rights as a father, and sick of them making rules of their own that I have to follow.
1 Answer from Attorneys
Here's the better answer:
Biology aside, you are the legal father. She's playing all kinds of games, and you just need to stop letting her play them. She's all but blown her shot at primary custody, it seems to me, and the only thing you can do now is get a judge to step in.
I know you said in your last post that you can't afford to file for divorce. Truth is, for your child's sake, you can't afford NOT to file for divorce. Beg or borrow the money for a lawyer (or at least the lousy $500 filing and service fee) and get your divorce filed and your child away from that mental case you call a wife.
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