I’m afraid that beyond what I said, I cannot be of help.
I have a personal, and moral, objection to what you want to do, unless this woman has remarried and her husband is filling the father role, you should be the father of these children, and do what you can to get your butt back into the US to do so.
If there is no custody order, and your son has been in your care for over a year, I’m guessing that your state courts have jurisdiction over the boy and not Florida (at least I would attempt that argument).
So get thee to an attorney posthaste and see if you can file for custody in your home town. That will place the mother in the unenviable position of having to hire an out-of-state attorney (for her) to argue why she should now have legal custody.
IF you are VERY lucky, the court may decide that it would be too traumatic to make a 3 yo suddenly take up a new permanent residence, especially if you can show that you took an active part in your son’s development.
I have had my son in my care for over a year now and he went for a visit. There has been no custody order and we where never married. He is 3 years old and now she does not want to let him return.
She is however, letting him return for a visit only and we live in 2 diff states.
He has been in Florida visiting for 2 months now and will return in two weeks for a month visit. I do not want to let him return? I need advice and I need it fast please help. Thank you in advance for your time and help.