Legal Question in Family Law in Florida
my name is mary i am 23 years old and i have 2 children from 2 different fathers ok one case is with my 4 year old daughter her name is angel as far as i know me and her father have custody of her and she is perminitly living with him but he sais that im not aloud to take her for weekends and take her out of his house for a couple of hours even though i am the mother and i have shared custody with him my question for this issue is is that right am i not aloud to take her or am i out of the house for a couple of hours or for the weekend and she has asked many of times to come out with me and he said no and he said i can only visit at the house but again we have shared custody
my second issue is the father of my son my 2 year old mark and me and his father are legally married doesn't that mean we have the same rights as the other also he said that i cant take my son out of the house also even though i am his mother we are seperated by choice not by court papers and he is doing the same things that my daughters father is doing is this at all right or can i fight for this what can i do is any of this aloud that they can make me unable to spend more time with my kids and i have to ask for their permission to take my kids out and home with me for a couple nights can u please help me
heres the deal i am not employed my boyfriend is and i do have a place to stay for now and i am currently looking for work and looking for a perminent place
1 Answer from Attorneys
Mary,
You are the "natural guardian" of your daughter, Angel. When Angel is born out of wedlock, you are the natural guardian. Daddy doesn't have any rights to the child from a legal standpoint of custody or control, unless he has admitted paternity in the court, the court has awarded either you or he primary physical residency for the child. If you are the primary residential parent, as most mom's are with small children, daddy will have to pay child support and he will have to abide by a visitation schedule. However, if you have given him custody and Angel has lived with daddy for a long time, the court might think he is the better parent for primary residential parent, but you would still have court ordered visitation. YOU NEED AN ATTORNEY!
With your son, you and your husband have the same rights to your son as does the other. It sounds like you go for men who control you. Are you also being physically or mentally abused?
YOU NEED AN ATTORNEY TO ASSIST YOU WITH BOTH SITUATIONS.
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