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Ex is restricting access to my son

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What is the name of your state? Florida.
About a year ago, my ex relocated with our son about 3 hours away after we broke up. Since then, it has been a struggle to get any time with him (2 years old). I do have pending litigation but it is frustrating how long everything is taking. It has been several months since I filed and we still have not had mediation yet (though it does seem to be on the horizon). At first I thought the distance was the biggest factor, but I've since relocated much closer to them (within 30 mins) and she still refuses to allow visits at my home or any real attachment-based development. She only allows me to see my child when she is there, once per week. I have asked her specifically why and she does not give a concrete answer. In her counterpetition she did allege alcohol issues, but the fact is, any excessive drinking I may have done happened before he was born and since our split, I have abstained all together. I am anticipating testing and have zero worries about that. Otherwise, it was not a combative or toxic relationship at all (and trust me, I've gone through our texts to see if there was anything I overlooked and it's almost alarming how mundane and drama free our communication was). Florida defaults to 50/50 but she wants sole parental responsibility and isn't even allowing regular visits now so I feel like I'm missing out on so much bonding and attachment. It has been incredibly difficult, but she just doesn't seem to care. Is my only hope to just grin and bear it out at this stage while the system does its thing?
 


Zigner

Senior Member, Non-Attorney
Yes, you will have to let this work its way through the courts. The courts will determine what arrangements are in the best interest of the child. Your son is two. A few months, while difficult, is really just a very small portion of the child's life.

You mention "parental responsibility," but that is not a thing. I believe you are referring to custody. There are two types of custody: Physical and legal. Legal custody refers to decision making (schools, doctors, etc.), and can be joint or sole. Physical custody refers to where the child lives. As with legal custody, this can be joint or sole. Do you have an attorney?
 
Yes, you will have to let this work its way through the courts. The courts will determine what arrangements are in the best interest of the child. Your son is two. A few months, while difficult, is really just a very small portion of the child's life.

You mention "parental responsibility," but that is not a thing. I believe you are referring to custody. There are two types of custody: Physical and legal. Legal custody refers to decision making (schools, doctors, etc.), and can be joint or sole. Physical custody refers to where the child lives. As with legal custody, this can be joint or sole. Do you have an attorney?

In Florida, "parental responsibility" seems to be the phrase used for legal custody. It is referenced here in Florida statute 61.13 (this site won't let me link it).

I don't have an attorney yet, but if mediation reaches an impasse I plan to get one.
 

Zigner

Senior Member, Non-Attorney
In Florida, "parental responsibility" seems to be the phrase used for legal custody. It is referenced here in Florida statute 61.13 (this site won't let me link it).

I don't have an attorney yet, but if mediation reaches an impasse I plan to get one.
You are correct, and I stand corrected. However, what I said still applies with regard to the types of "parental responsibility."

You would be wise to, at the very least, consult with an attorney (interview several) instead of waiting for mediation to be over.
 

zddoodah

Active Member
my ex relocated with our son

Ex-what? In other words, is this your ex-wife or an ex-something else?


I do have pending litigation

Pending litigation against whom and for what? Does this mean a pending divorce case (in which case, she's not your "ex" anything)?

I suggest you retain the services of attorney and immediately file a petition or motion for reasonable visitation while the case is pending. That should have been one of the first things filed.
 
Ex-what? In other words, is this your ex-wife or an ex-something else?




Pending litigation against whom and for what? Does this mean a pending divorce case (in which case, she's not your "ex" anything)?

I suggest you retain the services of attorney and immediately file a petition or motion for reasonable visitation while the case is pending. That should have been one of the first things filed.
Ex girlfriend, we were not married. The pending litigation is a petition to establish paternity along with time sharing and child support.
 
Because we weren't married, no.

You don't need to be married to be declared the father of your child. You can sign an Acknowledgement of Parenthood. You can sue for parenthood.

At this point, your best bet is to sue for parenthood, go for genetic testing to verify you are the parent, and then work on obtaining visitation and be ready to pay child support.
 
You don't need to be married to be declared the father of your child. You can sign an Acknowledgement of Parenthood. You can sue for parenthood.

At this point, your best bet is to sue for parenthood, go for genetic testing to verify you are the parent, and then work on obtaining visitation and be ready to pay child support.
Yes that is essentially what I have done already. It's just a very slow process. Hoping mediation order is signed soon so the wheels can feel like they're spinning.
 

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