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Do I need custodial rights to see and pick up my child?

Sarasota, FL |

I have two boys from a female and i ask to get them on weekends but every time she says she needs to do there hair , some bogus excuse about her relative being in town but this time she has told me that he is acting up in school and wanted me to talk to him but won't even let me get him talking about he's on punishment and this has been 3 weeks he is 6 not a teenager and she just had twins and are giving them more attention because I feel she neglects them at times and she has me on child support but we never went to court about it but her mother has claimed them on her taxes since they were born there's more to it but my question is if I go over to her house and try to get both of my kids if I get denied would calling the police help ?

Attorney Answers 3


  1. Calling police WILL NOT help. A law enforcement officers job is to enforce the criminal laws of the State of Florida and the United States. They are not the parenting police.

    I would seek out an experienced family law attorney and file a Paternity case for your boys, so that a time sharing schedule can be set up by the court. Without that, it is law of he jungle.


  2. If you were not married when the children were born and you have not established paternity through the courts, you do not have the right to go pick them up. You need to file a Petition to Determine Paternity and for Related Relief to establish your rights to the children.


  3. I agree with Mr. Chandler. The police are not going to help with this type of civil dispute. It seems from your question that you were not married to the "female" in question. If that is the case, then you really cannot enforce anything safely unless a finding of paternity is made. Once that is established then you have all of the rights that she has.

    Until then, if you go to her house to enforce your visitation you might be the one getting arrested. A paternity suit (as long as the children are biologically yours) will not be denied and you will win that, but you have to do it first. Until then technically the children are what they call "legal strangers" Once paternity is established then you can go to Court and enforce your rights which include majority time sharing if it is in the best interest of your kids.

    No answer posted is meant to be conclusive or to insinuate any outcome of any case. It is a generalized miniture answer of a greater process. Should you need more extensive responses to your specific queston, contact me for free consultation today! Skype, phone, or in person! 904-466-0446

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