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I am the custodial parent.Mother,

Jacksonville, FL |

Myself and my mother have taken care of my son from day 1.His father has been involved in his life but rarely financially, now he wants my son to live with him, but I think its best for him to be in the stable environment that he has been in for the last 12 years?He is at his dads now and im afraid he may not let him come back even though I am the custodial parent.

Attorney Answers 3

Posted

Based on your facts it seems that the father wants to see his son and have the son live with him primarily. The courts will look at what is in the best interest of the child in regards to the living situation and other aspects of the minor childs life. There are several factors the court will look at and will make a decision based on those factors and the facts presented to the court. (http://www.jmplawyer.com/areas-of-practice/family-law/time-sharing-parenting-plan/) Also, if he has not paid child support you may be able to get back child support for the past two years. You can proceed with this matter by yourself however; I would urge you to speak to an attorney.

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Juna M. Pulayya
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Posted

I do not understand exactly what you are asking so I am going to give you general information regarding custody arrangements.However, there are some baseline questions that a lawyer would want to know about your situation.

Question Do you currently have a court ordered parenting plan?
If you do currently have a court ordered parenting plan the father may attempt to file a petition to modify custody to obtain majority timesharing status. If there is a court ordered plan and he refuses to return your child, you may want to considering filing a motion for contempt.

Based upon your question it seems to me that a parenting plan has not been established. Therefore, if the man wants to obtain legal rights to the child he will have to file a petition to establish paternity and ask for the court to establish a parenting plan. Since he has been involved in the child's life, most likely the court will award some timesharing. However, based upon your willingness to be the custodial parent for several years, you have a very good chance of obtaining majority timesharing. The determination of which parent has majority/minroity timesharing is based upon what is in the best interests of the child.(Refer to the statutes set forth in Florida Statute 61.13) Remember if the man does file the petition,and he is given minority timesharing he will have to pay child support for your child. In any event,please seek legal advice for this matter.

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Posted

I agree with what Attorney Reilly has said, and I write to add that, if Mr. Reilly is correct about no parenting plan having been established (you and the father have never been married and neither of you has filed a paternity case), the father currently has not established father's rights. He has no right to keep your child. I'm not necessarily recommending that you do this (talk to a lawyer first), but were the father to keep your child, since the father has not established father's rights, the police would likely assist you in retrieving your son.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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