You will need to file a Petition to establish Paternity and Related Relief. For more infomation se my legal guide regarding this issue, here:
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.
Some parents tend to act like they own the child. The only way that you are going to overcome this is to do as the prior attorney suggested: Ask the Court to enter a parenting plan. There is really no other alternative where the other parent puts her needs and emotions over the child's right to have a father. Get a lawyer and act quickly. Your obligation to pay child support is accruing, while you are not allowed to see your child. The longer this goes, the worse off you and your child will be.
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She is the "Natural Guardian" of the child. Attached is the link to Florida Statute 744.301, take a look at the end of paragraph 1. Even if you have established paternity and you are on the birth certificate, you have no rights until yo go to court to establish those rights of time-sharing and parental responsibility. Do it now, don't wait. She can pick-up and move to Bayonne tomorrow without your consent. By taking her to court you force her into realizing that the child has two parents. On another note, Florida is finally moving to a point where time-sharing starts at 50/50 and then the parties must prove a reason for it not to be 50/50.
Child support Child custody Family court and child custody cases Child support and custody Communications law Paternity and child custody Visitation rights in child custody agreements Father's rights in child custody Family law Birth certificate Parental responsibility Paternity Parenting plan
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