Blog

How Does an Unmarried Parent See Their Child(ren), if the Mother Is Not Allowing Visitation?

If you are an unmarried father, and the mother is refusing you visitation with your child, there are legal steps you can take to ensure you get your visitation/time sharing rights. You can file a Petition to Establish Paternity, Custody, and Child Support with the court. FS 742.10 is the paternity statute. The statute can be viewed here.

You can establish paternity by you and mother signing an Affidavit of Paternity before two (2) witnesses and a notary, where you swear under oath subject to the penalties of perjury in the notary. If the mother does not agree to that, a DNA paternity test will be required to prove paternity.

You also want to request visitation and time sharing with the child. You will need to complete a parenting plan regarding the custody, time sharing/visitation and responsibilities of each parent in regards to the child.

Even if there is a prior DOR (Department of Revenue Case), and paternity was adjudicated under the DOR case, you still need to do this because DOR cases only establish child support not custody. To protect your custody and visitation rights, you need to file a Petition to Establish Paternity, Custody, and Visitation. The court will determine child support per the child support guideline worksheet.

The court will look at each parties’ net income, the cost of day care for the child and who pays that, and the cost of health insurance for the child and who pays that. An attorney can file the paperwork and represent you regarding the Establishment of Paternity, Custody and Child Support.

If you have further questions regarding paternity, custody, and child support, please contact Ann Marie Giordano Gilden Esquire at Ann Marie Giordano Gilden, P. A. to set up an initial consultation.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.