Im paying child support but have my son half the time anyways . what papers do i need to file to get half custody .

Asked over 1 year ago - Brandon, FL

im currently paying child support for two kids . one of them , my son i have half the time anyways and want to get half custody , mother had agreed at first but now says she don't believe in half custody . and the other child i did not know about until she was almost 4 years old . the mother never told me i just got a letter in the mail saying i needed to take a paternity test so i did , and now i have to pay child support for her too and the mother does not want me in the child's life at all . so i would want to see what i could do about visitation .

Attorney answers (4)

  1. Michael Charles McGinn

    Pro

    Contributor Level 15

    Answered . It sounds like the child support you are paying was established through the Department of Revenue. If I am correct you need to file a Petition to Establish Paternity and Related Relief. This will allow you to obtain a Parenting Plan which governs you and the mother's relationship in regards to the children, including but not limited to parental responsibility and time-sharing. The best thing you can do is consult with and retain an experienced family law attorney. I am located in the Brandon area and I am available for free initial consultations. 813-374-0353

  2. Gregory Thomas Buckley

    Pro

    Contributor Level 18

    Answered . For the second child, you will need to file a Petition to Determine Paternity. Once your paternity is established, you can ask the court to order a Parenting Plan that includes time-sharing.

  3. Brenda A Drake

    Pro

    Contributor Level 17

    Answered . Were you married to the mother? (So, there is a Judgment of Dissolution of Marriage laying out child custody & support?). I'm guessing "no" just from your statements. (And, I'm wondering if here are two different mothers being discussed here). In any case, if the child support is the only thing that has been court ordered and it is through the Department of Revenue, you are going to have to file a Petition to Establish Paternity so that you can hash out the child custoday issues. You should consider hiring an attorney in your area who can get the child support order combined with the paternity judgement so everything can be in one place.

    This response is for general purposes only and does not establish an attorney-client relationship. You should... more
  4. John Arthur Smitten

    Contributor Level 18

    Answered . You have to file your petition with the court to get the court to approve your request. Contact my office for free consultation 727-446-7659.

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