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how to initiate visitation rights when the child is in Florida and I live in NY?

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roberto67

Junior Member
What is the name of your state (only U.S. law)? New York
What is the name of your state (only U.S. law)? New York

I have a four year old child who lives with his mother in Miami Beach Florida. I live in upstate NY. The mother and I never married. I am the father of the child and my name appears in the child's birth certificate as his father. The child was born in Bronx, NY mother and the child moved to Florida when he was about two years old.
I left the country at the first weeks of my child's pregnancy since my student visa expired. I return to my home country and lived overseas for the past four years, and I could not enter the US due to my immigration status at the time. Now that I hold a permanent immigrant residency status (two year conditioned by marriage an American citizen) I returned to New York six month ago and I want to see my child.
My wife and I will be relocating in Phoenix, AZ in August where we will live.
My question is how can I initiate visitation rights with my child when he lives in Miami Beach and I live in another state? I contacted New York family court and they told me that I need to start my case directly with Miami beach family court, however when I call Miami family court they redirect me to a self-help directory that does not explain how to proceed in my case.
There is a beginning case for child support in Miami regarding my son, however the process is in the initial phase, and I was told by a clerk that this is just regarding child support not visitation rights.
Please help me indicating how to file in my case. Thank you.
Roberto
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? New York
What is the name of your state (only U.S. law)? New York

I have a four year old child who lives with his mother in Miami Beach Florida. I live in upstate NY. The mother and I never married. I am the father of the child and my name appears in the child's birth certificate as his father. The child was born in Bronx, NY mother and the child moved to Florida when he was about two years old.
I left the country at the first weeks of my child's pregnancy since my student visa expired. I return to my home country and lived overseas for the past four years, and I could not enter the US due to my immigration status at the time. Now that I hold a permanent immigrant residency status (two year conditioned by marriage an American citizen) I returned to New York six month ago and I want to see my child.
My wife and I will be relocating in Phoenix, AZ in August where we will live.
My question is how can I initiate visitation rights with my child when he lives in Miami Beach and I live in another state? I contacted New York family court and they told me that I need to start my case directly with Miami beach family court, however when I call Miami family court they redirect me to a self-help directory that does not explain how to proceed in my case.
There is a beginning case for child support in Miami regarding my son, however the process is in the initial phase, and I was told by a clerk that this is just regarding child support not visitation rights.
Please help me indicating how to file in my case. Thank you.
Roberto
you are going to have to read the self help directory very carefully. best source of information. if you are unable to understand it, then it's best you get an attorney.

you will need to establish paternity/custody/visitation/support.

you will also need to plan on establishing a relationship and should offer a visitation schedule that gradually works it's way from supervised visitation to overnights to traveling to another state for a regular long distance plan.

and just as a side note, leave your wife at home in the very beginning. work your way into introducing the child to her.
 

roberto67

Junior Member
you are going to have to read the self help directory very carefully. best source of information. if you are unable to understand it, then it's best you get an attorney.

you will need to establish paternity/custody/visitation/support.

you will also need to plan on establishing a relationship and should offer a visitation schedule that gradually works it's way from supervised visitation to overnights to traveling to another state for a regular long distance plan.

and just as a side note, leave your wife at home in the very beginning. work your way into introducing the child to her.
Thank you for your advise.

Do I need to establish paternity and custody? The mother of the child agrees that I am the father. I think we have joint custody by default, is that right? We have not had any court hearings regarding custody and I am not interested in a custody dispute.
thanks.
 

Isis1

Senior Member
Thank you for your advise.

Do I need to establish paternity and custody? The mother of the child agrees that I am the father. I think we have joint custody by default, is that right? We have not had any court hearings regarding custody and I am not interested in a custody dispute.
thanks.
yes, you still need to legally establish custody and paternity. mom at this time is the sole legal and physical custodian of the child. you were not married to her. she is the child's only legal parent by default.

the both of you can agree on joint legal custody by stipulation in court. going ot court does not automatically mean a custody battle.
 

LdiJ

Senior Member
You do NOT have joint custody by default. Mom has sole custody by default.

You would need to file in FL.
 

roberto67

Junior Member
You do NOT have joint custody by default. Mom has sole custody by default.

You would need to file in FL.
I will need to file for custody then. There is a new process for child support in Florida on its early phase, I have not received any letter from the Florida child support but I was told by them that I will receive one in the near future. I think that during this process, a proof of paternity can be requested, so even if it is proved that I am the biological father and that my name appears on the child's birth certificate as the father, the mother has the sole custody? thanks for the help.
Roberto.
 

roberto67

Junior Member
yes, you still need to legally establish custody and paternity. mom at this time is the sole legal and physical custodian of the child. you were not married to her. she is the child's only legal parent by default.

the both of you can agree on joint legal custody by stipulation in court. going ot court does not automatically mean a custody battle.
So I have all confused it seems. First I need to established custody and once I have the custody I can request visitations with the child, is this correct?
thanks for you help.
Roberto
 

BL

Senior Member
You also most likely signed an acknowledgment of paternity at the hosp. and your name is on the BC .

Mom does NOT disagree .

Now you have to Petition for Custody/Visitations .

Those are usually heard together ,or as someone pointed out stipulated ( agreed upon) by the parties,entered into orders.
 

Ohiogal

Queen Bee
So I have all confused it seems. First I need to established custody and once I have the custody I can request visitations with the child, is this correct?
thanks for you help.
Roberto
No. You can file to establish paternity, custody/visitation and support all at once. Paternity will be determined first (which shouldn't be hard if you signed the AOP and testify to the fact that this is your child). Then you can either agree to custody/visitation or fight for it.
 
So I have all confused it seems. First I need to established custody and once I have the custody I can request visitations with the child, is this correct?
thanks for you help.
Roberto
It can all be done at once. You will need to file a petition for Paternity/Custody/Visitation/Child Support. I believe all of this can be handled in one court hearing.

Is Mom agreeable at this point for you to see your child?
 

roberto67

Junior Member
It can all be done at once. You will need to file a petition for Paternity/Custody/Visitation/Child Support. I believe all of this can be handled in one court hearing.

Is Mom agreeable at this point for you to see your child?
Yes, she agrees for me to see the child. She tells me that she will come to NY in early June and that I can see the child.
 
Yes, she agrees for me to see the child. She tells me that she will come to NY in early June and that I can see the child.
That is a good step!
Perhaps the two of you can come together and create a long distance visitation schedule, and file that with courts to save on attorney fees. (sorry OG :p ) First, you should work on a graduated visit schedule so the child can become comfortable being around you.
 

roberto67

Junior Member
That is a good step!
Perhaps the two of you can come together and create a long distance visitation schedule, and file that with courts to save on attorney fees. (sorry OG :p ) First, you should work on a graduated visit schedule so the child can become comfortable being around you.
Affirmative, I believe that the mother of my child will agree on long distance visitation schedule, meaning to say that I will travel to Florida regularly to see the child (cost permitting that is). This can be a first step, the legal procedures I am not familiar since this is the first look I take, but after doing my homework I can learn as much as I can about this process. This is helpful.
Roberto.
 

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