> Discuss Your Legal Issue > Ask a Lawyer > Child Custody > I have a 1yr old son. I take care my son, spend quality time daily w/ him. When the mother gets upset I can't see him & she plans on moving to NY

I have a 1yr old son. I take care my son, spend quality time daily w/ him. When the mother gets upset I can't see him & she plans on moving to NY

1 Answers. Asked on Jul 24th, 2013 on Child Custody - Florida
More details to this question:
What are my rights. I am a good father to my son. I want to be in his life!!! She uses him as leverage. I am no longer with her BUT I remain a part of my son's life!! When she gets upset she doesn't answer her phone when I call/text about him, she won't let me or my family spend time with him and now she has plans on moving to NY with her family. I am lost and need to know my rights. My parents and family spends quality time with him often. This move she is planning will destroy us. I want to be a part of my son and watch him grow up! please help
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Answered on Jul 24th, 2013 at 12:39 PM

The mother must file a "notice of intention to relocate" and serve you with it, similar to a lawsuit or divorce suit.  You then have 20 days to respond to the court and object. There must be a hearing before a circuit judge to determine if it would be in the child's best interest to relocate. If there has never been an adjudication of paternity, custody or parental responsibility, meaning you simply had a child out of wedlock and never went to court, then you should immediately file a "Petition to establish paternity, time sharing and child support" with the circuit court, and server her with the papers by proper service by a sheriff or process server. This will create a court case and she cannot simply move away in the middle of the court case.  If you cannot afford a lawyer, there are self help desks at most court houses, and a lawyer will help you fill out do it yourself forms for a small fee.

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Child Custody
Your children are precious, and issues of child custody shouldn't be treated casually. Even the most amicable splits and custody agreements should be negotiated with the assistance of child custody attorneys and approved by the courts. Once a judge has approved the agreement, changes in custody or visitation, as well as enforcement of child custody agreements, should be handled with the assistance of your lawyer. Child custody law firms can also work with grandparents and other parties other than parents who are seeking custody of a child.
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