I am about to have a hearing for temporary relief in my paternity case, haven't seen or child in almost 2 years. Feeling positive I well finally be granted some time sharing, but the mother of our child hasn't been complying as she agreed to (she would agree to let me see him, then after I make the 4 hour trip there, she's a no show. She told me to file for joint custody that she would not fight me on it, not happening) I don't doubt that even worth an order, she will come up with excuses and not let me see him. Just want to be prepared for anything. I live in Orlando and they live in Miami Dade.
It does not sound as if you are represented by an attorney. Given your situation and the history of your case, I would strongly suggest that you make arrangements to retain counsel to represent you at the temporary hearing and all subsequent matters. Regarding your question, the remedies available to you upon non-compliance with a court order depend on the nature of the non-compliance as well as other factors. You might be able to have her held in contempt; however, it doesn't sound as if you have an actual order. It sounds as if you merely have an agreement which---if not ratified by the Court---is not enforceable. Good luck
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.
Your question is unclear as to what your timesharing is at this point? You state the mother has agreed to let you see him, but is that in a court order? If she is willfully violating the court order, then you can file a motion for contempt against her. I recommend you sit down with an attorney in Miami to review your order and to determine the best course of action.
Paternity cases can be very complicated, especially when there is a great distance between the parties. I would highly suggest that you hire an attorney.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline