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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116816
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son is in prison until 4/16. we are having trouble already

Customer Question

hi, my son is in prison until 4/16. we are having trouble already with visitation with his 3 yr old son where im concerned. up until a few months ago i had him 1-2 days.nights a week. all of a sudden im cut off because of a slight. (Not to child). This is the only time, when hes with me to talk to his dad, and he loves me. we would like to have paternity established asap so he can gain visitation as quickly as possible. we are for seeing problems ahead. cant afford a lawyer, he is despondent over all this, we need hope. (Nothing he has done should impact visitation, verses her behavior as she is an addict and been to jail and rehab.) Other granma and I for about a yr coparented while they were both gone. Now im cut off. I have no record or substance abuse problems, it is purely a control issue on her part, and we see trouble when my son gets home.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please understand that pursuant to the terms of this site and also state law, we are forbidden from representing anyone from this site, so we cannot represent your son I am afraid.
Is there some specific question you have for us about this situation, we would be more than happy to provide you information.
Customer: replied 2 years ago.
my specific question WAS can he get a paternity test on his son while in fl prison? I know you are not representing us. We cannot afford a lawyer. How can we get the ball rolling for visitation?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply and for clarifying what you were indeed asking us.
So, from what you are saying I presume he is not on the birth certificate. This is going to be a little difficult, but if he is able to get to the prison library (which he is entitled to access) he could do it. He needs to file a petition for paternity in the family court. As part of that petition, he needs to then ask for the court to order a paternity test, because it is quite difficult to get a paternity test done while in prison and it would require a court order as well.
So, that is how he can get the ball rolling for paternity being established and then once that is done for visitation for your son.

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