[FL] How do I re-establish the right to see my children?
Since your son is almost 17, the court may consider his wishes, but it’s not the only factor (§ 61.13, Fla. Stat.). For your daughter, first establish legal paternity to assert rights.
Courts value a relationship with both parents and look for interference (§ 787.03). Given his age, act quickly. File to establish/modify parental responsibility and timesharing for both children; raise parental interference/alienation; get a binding order rather than relying on the mother’s cooperation.
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I live in Largo, FL. My ex-wife keeps my son away from me. I haven’t seen him in 5 years. He’s 16 (turns 17 in December). What can I do?
Lexi, Chatbot
Sorry you’re going through this. Do you have any court orders on custody/visitation?
We divorced in 2012. I moved to NC and wasn’t part of the process; judge gave her full custody. She lied. She was pregnant with our daughter and said she’d had a miscarriage—she’s now 13 and I’ve never seen her. With my son, she let me see him for a while, then after a Father’s Day 2020 argument she cut off contact and won’t respond.
Lexi, Chatbot
Have you tried to communicate or mediate?
Yes—last tried in 2023. No response.
Lexi, Chatbot
You should consult a Florida family lawyer; file to modify custody/establish visitation; document your contact attempts; consider mediation; raise parental alienation if applicable.
What about my daughter? She doesn’t have my last name.
TJ, Esq.
I’ll provide an initial response. When you say you weren’t part of the divorce, were you not served, or did you move and couldn’t participate? Was the mother married to anyone else when your daughter was conceived/born? Were you and your ex married when your daughter was born?
I was served but moved to NC because I was homeless. We were married when she got pregnant; she likely gave birth just after the divorce.
TJ, Esq.
If you were married when your daughter was born, paternity is likely presumed. For your son: do you know if he wants contact?
Not sure. We were fine the last time I saw him (Father’s Day 2020). After I told him his sister is my daughter, things changed. He later texted me angrily. I think his mom manipulated him. Time’s running out.
TJ, Esq.
Since your son is almost 17, the court may consider his wishes, but it’s not the only factor (§ 61.13, Fla. Stat.). For your daughter, first establish legal paternity to assert rights.
Courts value a relationship with both parents and look for interference (§ 787.03). Given his age, act quickly. File to establish/modify parental responsibility and timesharing for both children; raise parental interference/alienation; get a binding order rather than relying on the mother’s cooperation.
My son might hate me now, but I have the truth and can prove it.
TJ, Esq.
Even if he’s hostile, the court examines whether that’s his view or influenced. Your history of regular contact ending after conflict supports an alienation claim. Move forward with filings.
You answered my questions. Thank you.
TJ, Esq.
You’re welcome!
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