Legal Question in Family Law in Florida

My ex-girlfriend and I are no longer together. We have 2 kids together (six and eight). We made a verbal agreement that she would bring the kids over every weekend. It worked for a few months and then she stopped bringing them, her reason because she "wants to do things with them on the weekend too". So then we made another verbal agreement that she would bring them over every other weekend. Well that soon began to fail also. We couldn't see eye to eye. She would hold grudges and get mad and wouldn't allow me to see the kids. Now it has become permanent and I can't see the kids anymore (because she won't allow me). I'm not on child support. She won't accept any money from me. We've never been to court. There are no restraining orders against me. Can I request visitation through the court? Or do I have to pay child support first? Do I have visitation rights?

Asked on 12/14/11, 5:26 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

YOu need to file a paternity suit which will include at some point child support for these children but you will get visitation - you will need to file a Petition for visitation and a parenting plan.

Otherwise you get nothing. She is the mother and by law the sole custody is hers.

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Answered on 12/14/11, 7:08 am
Cory Schnepper Levine, Busch & Schnepper, P.A.

As Lucreita advised, you will need to obtain an attorney to pursue a reverse paternity action. Although the court will declare you to be the father and grant you time sharing, you will also be obligated to pay child support.

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Answered on 12/14/11, 8:26 am

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