My sons mother has disappeared with my son for the last five years. She has denied me my right to visitation which was set back in 2006. She has filed false allegations with DCF in the past to try and stop me from seeing him. Her grandmother has told me my son wants to be back in contact with me and she is blocking it based on her own selfish reason. I'm raising a 13 year old boy and a one year old little girl with my wife not to mention I'm a little league football coach. From what I have read parental alienation is a form of child abuse. If a got a lawyer and involved DCF can I get temporary custody of my son until trial if I have enough evidence to prove p.a.s
There is no quick fix to your situation if you do not have a paternity order in place that deems you the child's father. If you were never married to mom, and mom is out of state, you may have to file a paternity action in the state where she is currently residing. If she is in FL, get a lawyer and file something here immediately, in order to get a timesharing schedule established and start to build a case. I do not recommend involving DCF unless the child is in danger of abuse or neglect, but you may need a parenting coordinator in a high conflict situation. It may take time and money, but provided you are a fit parent there is no reason why the court would not grant you the opportunity to be a meaningful part of your child's life. Parental alienation is a factor that the court uses in determining timesharing, along with the other best interest factors that are listed under statute.
As always, the responses given are based upon the limited information provided in the question and general legal procedure. It is advised that if your situation contains complex issues or facts to consult personally with an attorney for your choosing. In criminal cases where liberty is at stake, a defendant has an absolute right to a court appointed attorney if you cannot afford one.
I agree with counsel but would add a few things. Parental Alienation Syndrome (PAS) gets thrown around a lot by attorneys and lay people alike. The fact of the matter is that Florida does not recognize it (formally). The courts will look at demonstrable behaviors (that can be entered into evidence) if they related to the factors delineated in §61.13(a)-(t), Fla. Stat. (2014). I'll list these factors following the text of this answer. You certainly need to retain an attorney as there are a myriad of issues involved in this matter not capable of being responded to within the context of this forum. But, for the record, PAS, by itself, will not allow you to remove a child immediately from the other parent. Now here are the factors---pay special attention to them as many of them would be relevant to PAS; notwithstanding that PAS is not recognized in FL. But what IS recognized is the black letter law that I'm providing you. Retain counsel and good luck---also---I'm attaching the portion of the law as a link. Also, I've provided a link to a guide re: selecting a family law atty. in Florida.
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.
I agree with Ms. Morgan's answer.
Please know the court will most likely want to know why you have tolerated the alleged alienation for 5 years. It will most likely want to know your answer because it's main concern is the best interests of the child.
Legal disclaimer: My response to your question is not intended to create any attorney-client relationship. My response to your question is based on the limited facts given in your question and should not be relied on as legal advice. I submitted it to provide you a general understanding of the law, not to provide you specific legal advice. I highly recommend that you consult with an attorney before taking any action based on your question or my response to your question.
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