Can it be used as neglectful behavior or is that too much of a stretch?
Ok, I know neglect is not meeting the physical, mental, & emotional needs of a child. And children (I believe) have an emotional need to know both parents even if the parents are not together as a couple. So if the mother is refusing to let the father (who wants to be in the child's life & is a good guy) see and get to know the child, is that not neglectful behavior on her part of not meeting that emotional need for the child? Especially since she obviously doesn't have the child's best interest at heart. I think it should be able to be used as neglectful behavior but I'm not sure if the court would see it the same way. BTW, I have an appt. with a couple of lawyers soon & just wondered if I should at least ask about it or is it too much of a stretch & should be forgotten. I have written & voice recorded proof of agreed dates and times to meet & also written proof that she didn't show up to them. I'm paying the support but she still won't let me him.
Answer:
I'm not sure if that's considered neglect in the legal sense, but go ahead and bring it up to your attorney. In Florida, you can be arrested for failing to provide a minor for court ordered visitation . . . so keep documenting the failed attempts. Good luck with your attorney. I know things will turn out well for you.
It may depend on her reason(s) for not letting you see him.
I think that your getting custody if you were never married is a bit unlikely. If you have court ordered visitation then just use her failure to arrive to get a supervised handover.
Get to your atty ASAP!! You have parental rights whether she wants you to or not, whether you are together as a couple or not. You just need to establish paternity and petition the court for however much contact you want, either custody or at least visitation. Are you listed as the father on the birth certificate? She can't shut you out of your child's life especially if you say that you are a "good guy" free of any current illegal activity, drug addictions, etc. Good luck!!
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