Legal Question in Disability Law in Florida
Can a custodial parent give custody to an older sibling if the father is capabile and willing to take care of the child?And if so does the father have to continue to pay child suppport to the mother
Asked on 1/25/10, 4:41 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
The biological father has the right, superior to all others, to custody of the child. If primary custody of the child is in the father, then he does not pay child support to mother. In fact, depending upon their respective incomes, it could be that mother will owe father child support in the event of that change. A parent cannot legally "give custody" to anyone. Only a court can do that legally.
Answered on 1/30/10, 5:06 pm
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