*I live in Florida
*Child Support Jurisdiction is in Florida.
*I believe that a visitation jurisdiction would be in New York?
I am a parent of two children who were born in Florida, and was never married. I am on both children's Birth Certificates as the Father and we lived as a family in Florida. The Childrens Mother moved to New York, and at that time we had expectations of myself staying behind in Florida for six monthes or so, as time progressed, the Childrens mother started dating and put the children in school. I had talked to attorneys at that time and was told that since we were not married and she had established residency in New York, there was nothing I could do about getting the children back in Florida. Later she threatened that she would not let me see, or talk to the children on the phone if I didnt send her x amount of dollars a week, so I went and filed Child support, in Florida, to have everything go through the courts, because she was asking for alot of money. I could not afford a lawyer, and was sending money through money orders. while the child support was going into order she met someone else and stopped letting me talk with my children, I then, being ignorant about the matter refused to send money or pay child support. This was about three years ago or so. there was also a period where I didnt work, and I ended up getting a warrant and my License was suspended in 2008. In 2009 I paid $1000 to cover the warrant and that was set as a Child Support payment, I also re-instated my drivers license and went back to work. since then I was getting payments deducted from my checks, but still no contact was permitted and it became an unanswered phonecall time after time. In October I lost my job and have not been able to make a payment since November. I recently re-located and have found some work and will start making payment even though it will not cover the monthly due amount, but as of now it is all I can send. I live week to week financially and still am not able to afford an attorney, I sent out a Christmas package with a letter enclosed stating that I miss and need communication with my children along with my new contact info. I received a call today from their mother who stated that I never call so she doesnt want to confuse them and that they have a Father now and she doesnt want to hurt the children. The Children are 6 and 8 years of age, both boys. She said again that once she sees payment starting to come in, stated not because she needs it, but because it shows responsibility and a sincere attempt to do the right thing, she would talk with me about trying to set up a phone schedule where I could talk with them. She also stated that if I wasnt fully caught up on my child support within another 8 monthes that her boyfriend, who they have had a child together and he has lived with my sons for about 3 years now, would legally adopt them, and give them his last name, and that there wasnt anything I could do about that. I still cannot afford a lawyer and am very confused. and have a few questions.
1. I found out that I need to file a petition for visitation & Time Sharing along with a summons, since the children and her reside in New York, do I need to do this through the State of New York or can I do this via Florida?
2. Even if I am unable to meet the designated amount to be paid monthly for Child Support at this time, can I still get my time shareing and visitations?
3. Can this boyfriend actually adopt my sons? Can he give them his last name? Can either of these happen without my consent?
4. She keeps saying I dont try to contact them, but this is not true, I try often, im sure she will try to say that I abandoned them, and the fact that I didnt pay any support for the first two years, scares me. I know it was not the right move, but does that qualify for abandonment?
5. I have told her that what she is doing is considered Parent Alienation, she replied that its not, that she has a lawyer, and because I havnt had contact with the children, mind you it is because she wont answer the phone, that its not considered alienation because she is protecting the children. I am pretty sure this is hog wash?
6. What is the best source for me to find out what procedures, or actions that I need to pursue in order to get back a relationship with my children? Again I really cannot afford an attorney at this time.
Please help, and if you can answer any of the questions above, please number the answer according to the number of the question, and try to let me know how sure you are like 50%, 75%, 100%.
Thank You
*Child Support Jurisdiction is in Florida.
*I believe that a visitation jurisdiction would be in New York?
I am a parent of two children who were born in Florida, and was never married. I am on both children's Birth Certificates as the Father and we lived as a family in Florida. The Childrens Mother moved to New York, and at that time we had expectations of myself staying behind in Florida for six monthes or so, as time progressed, the Childrens mother started dating and put the children in school. I had talked to attorneys at that time and was told that since we were not married and she had established residency in New York, there was nothing I could do about getting the children back in Florida. Later she threatened that she would not let me see, or talk to the children on the phone if I didnt send her x amount of dollars a week, so I went and filed Child support, in Florida, to have everything go through the courts, because she was asking for alot of money. I could not afford a lawyer, and was sending money through money orders. while the child support was going into order she met someone else and stopped letting me talk with my children, I then, being ignorant about the matter refused to send money or pay child support. This was about three years ago or so. there was also a period where I didnt work, and I ended up getting a warrant and my License was suspended in 2008. In 2009 I paid $1000 to cover the warrant and that was set as a Child Support payment, I also re-instated my drivers license and went back to work. since then I was getting payments deducted from my checks, but still no contact was permitted and it became an unanswered phonecall time after time. In October I lost my job and have not been able to make a payment since November. I recently re-located and have found some work and will start making payment even though it will not cover the monthly due amount, but as of now it is all I can send. I live week to week financially and still am not able to afford an attorney, I sent out a Christmas package with a letter enclosed stating that I miss and need communication with my children along with my new contact info. I received a call today from their mother who stated that I never call so she doesnt want to confuse them and that they have a Father now and she doesnt want to hurt the children. The Children are 6 and 8 years of age, both boys. She said again that once she sees payment starting to come in, stated not because she needs it, but because it shows responsibility and a sincere attempt to do the right thing, she would talk with me about trying to set up a phone schedule where I could talk with them. She also stated that if I wasnt fully caught up on my child support within another 8 monthes that her boyfriend, who they have had a child together and he has lived with my sons for about 3 years now, would legally adopt them, and give them his last name, and that there wasnt anything I could do about that. I still cannot afford a lawyer and am very confused. and have a few questions.
1. I found out that I need to file a petition for visitation & Time Sharing along with a summons, since the children and her reside in New York, do I need to do this through the State of New York or can I do this via Florida?
2. Even if I am unable to meet the designated amount to be paid monthly for Child Support at this time, can I still get my time shareing and visitations?
3. Can this boyfriend actually adopt my sons? Can he give them his last name? Can either of these happen without my consent?
4. She keeps saying I dont try to contact them, but this is not true, I try often, im sure she will try to say that I abandoned them, and the fact that I didnt pay any support for the first two years, scares me. I know it was not the right move, but does that qualify for abandonment?
5. I have told her that what she is doing is considered Parent Alienation, she replied that its not, that she has a lawyer, and because I havnt had contact with the children, mind you it is because she wont answer the phone, that its not considered alienation because she is protecting the children. I am pretty sure this is hog wash?
6. What is the best source for me to find out what procedures, or actions that I need to pursue in order to get back a relationship with my children? Again I really cannot afford an attorney at this time.
Please help, and if you can answer any of the questions above, please number the answer according to the number of the question, and try to let me know how sure you are like 50%, 75%, 100%.
Thank You
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