What Can a Father Do if the Mother is Withholding the Children and There Are Safety or School-Attendance Concerns?
QUESTION: I am the father of children whose mother and I have been separated for approximately two years. I am concerned that the mother is preventing or limiting my contact with the children, making negative statements that are affecting their relationship with me, and excluding me from important information about their schooling and care.
I am especially concerned because the children reportedly missed a substantial amount of school last year, and I do not know whether they have attended school recently. I also have concerns about their safety and well-being. I am listed as the father on the children’s birth certificates, but I do not currently have a court-ordered parenting plan or timesharing schedule.
What steps can I take in Florida to verify the children’s school attendance and safety, obtain access to school and medical information, and ask the court to establish parental responsibility and a timesharing schedule?
ANSWER:
Under Florida law, being named on the birth certificate establishes legal paternity but does not by itself give you enforceable custody, timesharing, or decision-making rights which must be established through a court order since the statute expressly requires that parental responsibility, child support, and a parenting plan/timesharing schedule be set through a paternity action. Until that order exists, the mother has de facto physical custody and there's no court mechanism forcing her to give you access. Therefore, filing the Petition to Determine Paternity and for Related Relief in the family division of the circuit court where the children reside is your most urgent step.
Once a parenting plan is in place, Florida strongly favors both parents' involvement and the court must weigh each parent's willingness to foster the other's relationship with the children, refrain from disparagement, and provide a stable routine (including school attendance). You can also try contacting the school directly (FERPA generally allows a legal parent access records even before a court order, though enforcement of that right is easier once one exists) and report suspected educational neglect to Florida's Department of Children and Families if the children still aren't enrolled.
This is a fact-heavy, urgent situation, so I recommend you consult a family law attorney as soon as possible to file the paternity/timesharing petition and any emergency motion.