Do un-wed Florida fathers have rights? PLEASE HELP!

I am a very frustrated father trying to get my son. I will try to make this as short as possible. My son is 2 years old, whose mother has made it difficult for me from day one. To begin, my ex girlfriend and I broke up a couple months before my son was born, however, stayed in close contact throughout the birth and beyond. First off, his mother has another child from a previous relationship. She was collecting welfare from the state on our son AND her previous born at least until this past March. I was taken to court by the State of Florida Department of Revenue in order to establish child support. As we went to court, visitation was not established. The only thing that WAS established is how much I owe in support and back support. I was also ordered to obtain medical insurance for my son. NOTHING was ordered as to whether or not I owe the state for money they provided to her. In the order, it states that she is the custodial parent, and myself the NCP. After the fact, I now have learned that the state is intercepting my IRS refund next year to settle what I owe them. Who ordered this??? Why am I paying back support to her, AND re-imbursing the state?? Seems to me I'm paying twice! Now, as I am on the birth certificate as the child's father, I think I am being completely victimized. My son's mother has not allowed me to visit, much less take my son for the weekend. Now, to top all this off, I learned that she moved to another state in July with some new guy. They got married a week after moving. I was not notified of her moving, and I have absolutely no clue in what city she now lives in. She has not contacted me since a week after moving. And conveniently, she didn't know her new address or telephone number. It has been made quite clear that she doesn't want me to be involved in OUR son's life, simply because she is mad that we are not still together. The state welfare agency will not give me her address. The state must have it, as she is receiving my child support checks. I am paying support and insurance premiums for a son I can not see. Can I file charges against her for kidnapping?? How do I file for custody without being able to serve her? Please help!!! Thanks in advance for your time.

[LegalBeagle]

[QUOTE][i]Originally posted by nick kirsch [/i]
[B]I am a very frustrated father trying to get my son. I will try to make this as short as possible. My son is 2 years old, whose mother has made it difficult for me from day one. To begin, my ex girlfriend and I broke up a couple months before my son was born, however, stayed in close contact throughout the birth and beyond. First off, his mother has another child from a previous relationship. She was collecting welfare from the state on our son AND her previous born at least until this past March. I was taken to court by the State of Florida Department of Revenue in order to establish child support. As we went to court, visitation was not established. The only thing that WAS established is how much I owe in support and back support. I was also ordered to obtain medical insurance for my son. NOTHING was ordered as to whether or not I owe the state for money they provided to her. In the order, it states that she is the custodial parent, and myself the NCP. After the fact, I now have learned that the state is intercepting my IRS refund next year to settle what I owe them. Who ordered this??? Why am I paying back support to her, AND re-imbursing the state?? Seems to me I'm paying twice! Now, as I am on the birth certificate as the child's father, I think I am being completely victimized. My son's mother has not allowed me to visit, much less take my son for the weekend. Now, to top all this off, I learned that she moved to another state in July with some new guy. They got married a week after moving. I was not notified of her moving, and I have absolutely no clue in what city she now lives in. She has not contacted me since a week after moving. And conveniently, she didn't know her new address or telephone number. It has been made quite clear that she doesn't want me to be involved in OUR son's life, simply because she is mad that we are not still together. The state welfare agency will not give me her address. The state must have it, as she is receiving my child support checks. I am paying support and insurance premiums for a son I can not see. Can I file charges against her for kidnapping?? How do I file for custody without being able to serve her? Please help!!! Thanks in advance for your time. [/B][/QUOTE]

The reason the state is after you is because despite knowing about the child, you did not establish a Child Support Order. She decided to apply for welfare. As part of the application she has to name the father and how much he was paying. Since she entered zero, they then started the process to a) get a court to make you pay and b) to ensure you repay back every cent they have paid her in welfare. Although you should only be liable for 50%.

As to visitation.. you should also have petitioned the court for court ordered visitation. She would have had no choice in the matter then. Since she has moved your situation is even more difficult since you have yet to establish visitation or file anything yourself.

What you need to do is see a Family Law attorney and file a visitation petition. The attorney will help you will processing this dispite not knowing her whereabouts. You can, at the same time, bring up the issue of her moving and not informing you of the whereabouts of your child. Every parent has that right.

Thanks for the advice. I have tried to avoid going to court with her since day one, but it has been impossible. As we are both adults, I have felt that we could work out a simple agreement. Apparently not. Now I have yet another question. Isn't there such a thing as due process?? Why am I liable to the state for money they provided her when my child didn't need to be on welfare. I was never notified by the state of her intent to receive welfare. Besides this, the child COULD have been under my care and welfare would have never been in the picture. Is this legal even for me to pay her back support AND pay the state back - Isn't this paying twice?? I have also been told that since I do not have her address, I can file for custody and serve her via local public record newspaper. Is this correct? And finally, is she legally obligated to notify me if she intends to move?? I appreciate all of your help.
Thanks again,
Nick