Me and my child’s mother were never married. We were in a relationship for two years when my son was conceived. I was not in love with her at this point of our relationship and upon breaking up with her she became possessive. She is constantly accusing me of being in a relationship with my best friend and out of jealousy and rage continues sending me threatening text messages like, “you’re gonna regret the day you left us for that b**** . I put that on my life. Swear you will.” She is refusing to let me see my son, and I have countless amounts of proof of me trying to see him, me trying to get him what he needs (formula, diapers, etc.). I constantly ask her what he needs and she responds with “you’re dead to me” or verbally lashes out at me saying that I have to choose between my son and everyone I have in my life. Now she’s stating that this week she is filing for full custody and child support and telling me that I will never see my son again because I don’t want to be with her. I don’t live with her anymore and she’s constantly messaging and calling my friends asking them where I am, what I’m doing. I want to be in my sons life but I don’t know what options I have.
In the State of Florida when a child is born out of wedlock, the mother has the superior right to the child even if your name is on the birth certificate. A father has no legal rights to see the child until he is given those rights through the court system. You would need to file a Petition for Paternity to get your parental rights established. She should be served with the Petition and will have twenty days to respond. You also should register with the State of Florida Putative Father Registry. It would probably be in your best interests to schedule a consultation with a family law attorney to explain the various options that are available to you and to make sure your rights are protected. Good luck to you.
Although there may be some Domestic Violence issues, the thrust of your question more properly falls under Child Custody. Ms. Carlisle has given you sound advice.
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