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  1. #1
    roberto67 is offline Junior Member
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    how to initiate visitation rights when the child is in Florida and I live in NY?

    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
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by roberto67 View Post
    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.
  3. #3
    roberto67 is offline Junior Member
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    Quote Originally Posted by IsabellaSoriano View Post
    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.
  4. #4
    Isis1 is offline Senior Member
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    Quote Originally Posted by roberto67 View Post
    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.
  5. #5
    LdiJ is offline Senior Member
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    You do NOT have joint custody by default. Mom has sole custody by default.

    You would need to file in FL.
  6. #6
    roberto67 is offline Junior Member
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    Quote Originally Posted by LdiJ View Post
    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.
  7. #7
    roberto67 is offline Junior Member
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    Quote Originally Posted by IsabellaSoriano View Post
    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
  8. #8
    BL
    BL is offline Senior Member
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    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.
  9. #9
    Ohiogal is offline Senior Member
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    Quote Originally Posted by roberto67 View Post
    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  10. #10
    DawnPlusTwo is offline Member
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    Quote Originally Posted by roberto67 View Post
    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?
  11. #11
    DawnPlusTwo is offline Member
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    This is the initial form you will need:

    [url]http://www.flcourts.org/gen_public/family/forms_rules/983a.pdf[/url]
    Last edited by DawnPlusTwo; 05-18-2009 at 02:02 PM. Reason: Spelling Error :-P
  12. #12
    roberto67 is offline Junior Member
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    Quote Originally Posted by DawnPlusTwo View Post
    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.
  13. #13
    roberto67 is offline Junior Member
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    Quote Originally Posted by DawnPlusTwo View Post
    This is the initial form you will need:

    [url]http://www.flcourts.org/gen_public/family/forms_rules/983a.pdf[/url]
    thank you DawnPlusTwo, this is the first document that I come acorss I will review it.
  14. #14
    DawnPlusTwo is offline Member
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    Quote Originally Posted by roberto67 View Post
    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 ) First, you should work on a graduated visit schedule so the child can become comfortable being around you.
  15. #15
    roberto67 is offline Junior Member
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    Quote Originally Posted by DawnPlusTwo View Post
    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 ) 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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