my son is 7 years old and his mother will not allow him to spend time with him I am up to date in child support and even help her when she asks for extra assistiant
Hello. If you pay child support through a DOR case, you need to file a separate lawsuit for parental responsibility and timesharing. You can either hire counsel to help you, or you can go to the self-help unit of your local courthouse and request a packet for a paternity case. Good luck to you.
The information provided above does not, and is not intended to, create an attorney/client relationship. Consult with an attorney so that he/she can fully evaluate the facts and circumstances of your case and provide appropriately tailored legal advice.
A Petition to Establish Paternity, Parental Responsibility needs to be filed along with a Count for modification. I strongly suggest that you consult with an experienced family law/Paternity Law Attorney as there are many things that are done in these types of cases besides just that. Filing a case is one thing, proving it up is another
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Paying child support and having parental rights to and with the child are two separate and distinct things. Based upon your question I am assuming that you and the mother were not married at the time the child was conceived or born and as such you have no parental rights to or with the child until you are granted the same by the Court. To obtain parental rights and a time sharing schedule that establishes when your son will be in your care you need to file and argue before the Court a Petition to Establish Paternity and Related Relief. For more information as to why that is you can see my legal guide regarding the same here:
Sincerely, Daniel Bachert, Esq, Family Law Attorney, Mediator and QDRO Specialist. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
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