What do I have to do to get my visitation rights and shared custody?

Asked over 5 years ago - Orlando, FL

My son's mother will not let me see my son unless I get back with her. She knows I/m happy with someone else and now she won't let me see my son. She plays games with me telling me i can come see my son and when I get there she won't open the door. She just looks out the window laughing and then calls the cops on me. What will I need to do in order to get him on weekends or something? I don't want to drag my son through the courts but what rights do I have?

Attorney answers (3)

  1. Alejandro Rafael Lopez

    Contributor Level 15

    Answered . You need to go to Court and file a petition to enforce your contact rights with your son. In Florida, last year the law eliminated the word "visitation" and now is called a "parenting schedule/contact plan". So, once you file the suit in Court, there is a process to be followed through the final end, which is a signed court order by a judge reflecting the dates, times, and places, where you will have contact/visitation with your son. Mind you, even after you have this order, she may still behave the same way, and you may have to bring her back to court after you obtain the order to "enforce it". There are some enforcement methods to follow after that.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.,
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  2. Melissa Dawn Sosa

    Contributor Level 14

    Answered . You need a court order establishing visitation.

  3. Jeffrey Feulner


    Contributor Level 13

    Answered . You need to file a petition for paternity as I assume you were never married based on your question. You should also file a motion for temporary relief and request a timesharing schedule with your son.

Related Topics

Visitation rights in child custody agreements

Child visitation refers to non-custodial parents' rights to visit their children. These rights are commonly detailed in a visitation plan.

Parental rights in child custody

Parental rights includes the rights a parent has in regards to his or her children. Mothers, fathers, and unmarried parents are sometimes treated differently.

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