QUESTION

can i get my son for the summer if i move out of state we are not married

Asked on Jan 04th, 2019 on Family Law - Florida
More details to this question:
I quit my job in Chicago and moved to florida when my girlfriend said we were having a baby we live together now she wants me to get my own apt.that I cant afford on my own plus I want to be with my son so now im thinking of just moving back to where I have family can I get my son for the summer as long as im paying child support
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1 ANSWER
Answered on Jan 05th, 2019 at 11:39 AM
Thank you for your question.  You should be able to reach some written agreement with the mother to have the child with you for at least part of the summer.  If she flatly refuses to let you have time with the child, you will need to initiate a paternity case in Florida where the child lives, and ask the court for a Parenting Plan which is signed by both of you and sets timesharing going forward. (In the paternity case the judge will formally determine that you are the father, will set child support, will give you equal parental rights to make decisions for the child, and will set your timesharing schedule.)  Alternatively, you may wish to use the services of either a certified family mediator or qualified Parenting Coordinator who are both trained to help you create a go-forward Parenting Plan. You can do this even before a paternity suit is filed or, if not, have the court handling your case appoint either a mediator or Parenting Coordinator (preferably). Your issues should resolve there.  If not, the court will enter an order setting the timesharing for you and the child. Good luck! - David B. Mitchell, Esq. www.davidbmitchell.com

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