If it is DOR child support and you have never filed a paternity action or had some other court establish time sharing or custody then you need to file a paternity action.
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If you have a time sharing/parenting plan that has been ordered in Florida, jurisdiction has already been established here assuming the case was never domesticated in some other state between then and now. As indicated by the other attorney however, if your paternity has not been established and a parenting plan has net been ordered you will need to file a paternity action immediately.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
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.
If you were never married, you may not necessarily have a custody order in place (you did not mention one). You should immediately determine the status of your son's custody and if you do not have an order, you need to establish one. You should hire an attorney to assist you with this.
In most states the custody of a nonmarital child is presumed to be with the mother but that could likely be rebutted based upon the majority of his time being spent with you. Good luck.
At the present time, both parties and your son are residents of the state of Florida. You should immediately file a Petition for Paternity and to establish a parenting plan and child support in the circuit court in which the mother of your child resides or where your child resides (you can use the location of his school as a guide). The Court should issue a Standing Temporary Domestic Relations Order which will prohibit either party from removing the child from the circuit in which the Court is located.
You will need to move quickly to ensure that the mother does not relocate with your son.
I strongly urge you to contact an attorney to assist you in this matter. If you cannot afford an attorney, you should make every effort to file the Petition yourself so that the Court can exercise jurisdiction over the parties should she relocate.
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction
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