If a custodial parent (living in FL) does not allow the non custodial parent to see their child, does that count as alienation?

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There is no time sharing plan or visitation schedule but I have kept track of her denying me from seeing my child so there are witnesses. My son was born out of wedlock, I am currently paying child support and there has already been a paternity test so we are positive he is mine. The custodial parent randomly moved without notice 3 years ago and I recently found her but she will not let me see him. My son no longer recognizes me and is calling the custodial parent's current boyfriend "daddy." I do NOT have drug or abuse charges. What do I do?

Attorney Answers

5
Barbara Ann CossuFamily Law AttorneyFort Myers, FL ·
If there is no court ordered parenting plan, you have a problem. When child support was established, you should have filed to have a set schedule. Additionally, you state she moved 3 years ago without notice and recnetly found out that she (the mother) will not let your son. Why didn't you do something three years ago when she moved? You should see a family attorney ASAP. Hopefully, she did not moveout of state. If she did and it is more than six months, you need to go to the state where she lives.
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A Mullaney ·
You need to request that the court set a schedule for to see our son. If they are not in Florida, you need to contact a lawyer in that state. If they are in Florida you need to file a paternity case so that the court can establish a Parenting Plan (which established parental responsibility and a time sharing schedule).
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Betty Jones ·
If they moved 3 years ago and are still in the State of Florida, you could file a Petition to Establish Paternity and Parenting Plan. You probably are paying child support through the Department of Revenue case filed by your ex for child support. If you never had your rights established in family law court, you have no rights. Contact a family lawyer immediately. Good luck. Sincerely, B. Elaine Jones, Esq.
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Stephen Pincket ·
Your problems are to big to handle it alone. You need to consult with an attorney in order to get your visitation rights.
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Brandon Tyson ·
Unfortunately, while the custodial parent's actions are inexcusable, there is no court order for you to enforce. The proper course of action would be for you to initiate an action to establish a timesharing schedule and parenting plan. The timesharing schedule would detail the actual days and times that you would be able to spend time with the child. You can bring the action in the county where you or the other parent resides. It is even possible to have the court establish a temporary timesharing schedule until your case went to trial. Your case would eventually go to mediation and you and the other parent can try to agree on a schedule. As a parent, you are entitled to frequent and continuing visitation with your child. If there is no agreement at mediation, then the judge will decide. If the other parent doesn't comply with the Court Order, then you can hold them in contempt. My best advise is to hire an attorney immediately and get the process started because the Court system doesn't move fast and you don't have any enforceable rights until the Judge enters an Order.
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