Visitation Denied by Mother

by Kevin from Miami, Florida, Miami-Dade County

My son is 3 years old. In the past I have seen him 3 times that his mother has allowed me too. For a whole year I have had no communication with her or my son. I finally found a way to get her number and after some time she agreed to let me see my son.

Then like always she decided to tell me he is not ready and began to tell me that I have never been there. She changed her number once again. I am on his birth certificate.

I just want to know if i am taking the correct steps by filing the petition for paternity and a parent plan, since I am doing this on my own I want to make sure I do not file the wrong paperwork. Please help me. I greatly appreciate your help.

Answer to Florida Child Visitation Question

Dear Kevin,

Yes, that is exactly what you need to do.

Within the instructions for that form is the following list of forms that you need to file along with the "Petition to Determine Paternity" Form 12.983(a):

1. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).
   
   
2. Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).
   
   
3. Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).
   
   
4. Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days, if not filed with the petition, unless you and the other party have agreed not to exchange these documents.)
   
   
   
   
5. Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been filed.)
   
   
6. Parenting Plan, Florida Supreme Court Approved Family Law Form, 12.995(a), or Supervised/Safety Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(b). If the parents have reached an agreement, a signed and notarized Parenting Plan should be attached. If the parents have not reached an agreement, a proposed Parenting Plan may be filed.
   

Have a look at our web-powered instructions page for the Florida Petition to Determine Paternity form and for more information.

An alternative which may or may not be simpler, is to petition the court to direct him to sign the passport application.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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