Mack Law BlogWhy can’t my son take his children to my place?

Question

He has three kids, they live with the mother, he lives with me.his mother.. because of certain circumstances. He pays child support and no back payments.. no arrest record..never in trouble..great job…They both live in Daytona. What are the legalities.she doesn’t let him take the kids or she doesn’t bring them over…she makes us come over there and its very uncomfortable there…He’s 33 and i’m 61. I believe everything has been a verbal agreement so far but hes tired of the games. So am i.

Answer

That is a sad situation. Unfortunately, if he is not married and has a child support order against him from the Dept. of Revenue, then the baby’s mother has sole parental responsibility and 100% timesharing with the minor unless he files a petition for timesharing which can also recalculate his child support. This should be done soon because he should want a parenting plan in place that states specifically when he can have time with his child and the mother cannot interfere when it is his turn for timesharing. Right now it is chaos so you need a court order. Best of luck. Consult with a few attorneys and hire the one you deem best.