Unwed fathers' rights

[wptexas]

I am an unwed texas father, with a son in Florida. Since the day he was born the mother and I agreed on a certain amount of child support, which I have been regularly paying. My name was not listed on the birth certificate, but we have agreed to change that now, and he will also have my last name. I did have dna done, so I know for sure he is mine.
My question is this..without going through the court system, is there anyway to establish visitation with my son? Right now the mother lets me see him when I am in florida but only on her terms and with her present.
If I take her to court for visitation rights, will that change the already agreed upon child support I am paying each month? I want to provide for my son, but I also want to be able to see him without his mother present. She only does this for spite, nothing more, nothing less.
Please help.

 

[haiku]

without a court order for visitation she is not obligated to let him see you, just as without a court order for child support you are not obligated to pay anything.

 

[azmother3]

go to court and get everything on paper that is legal and binding. If you have agreed on an amount for support you may use that.

 

[wptexas]

thanks,,,,if she were to take me to court in florida for child support, will it be retroactive to the day he was determined to be mine? Also, how will the courts take into account the money that I have been paying her each month? I have payment receipts and a signed, notarized agreement with her on the amount.
Are court ordered visitation and court ordered child support separate entities? Meaning, can one happen without the other? If I wanted to take her to court for visitation, but not mess with the agreement she and I have on the child support, is that do-able?

 

[azmother3]

Since you dont have ANYTHING on paper as far as a support order or visitation order I highly doubt the judge will allow for just one. You will have to provide everything that you have to the courts proving that you have been faithful on your own paying support for this child. The support order will most likely be set for the following month of your last payment.

 

[haiku]

normally it is retroactive to the day of filing, but some states can go back to birth and request cost of birth etc....

you need to google the florida government pages to learn more about child support.

child suport and visitation are separate entities in court. but if you go for visitation, she is likely going to retaliate with a petition for support.

I also reccomend a consult with a florida lawyer.

 

[stealth2]

Since you dont have ANYTHING on paper as far as a support order or visitation order I highly doubt the judge will allow for just one. You will have to provide everything that you have to the courts proving that you have been faithful on your own paying support for this child. The support order will most likely be set for the following month of your last payment.

That's actually not right. What OP's been paying on his own is a gift. Ordered support is generally ordered back to the filing date.

 

[wptexas]

So it sounds like all the money i've been paying is a gift and if she takes me to court for child support, i'll end up paying from the start AND it'll probably be more $$ than we agreed on based on what i can make out from the FL statue on how to determine child support amount....thanks for the replies...guess I got a lot to think about.

 

[Rushia]

That's actually not right. What OP's been paying on his own is a gift. Ordered support is generally ordered back to the filing date.

Just to further this thought and before OP askes, that noterized piece of paper means nothing.