Legal Question in Family Law in Florida
18 yr old wants to live with me father refuses
Our 18 yr old daughter who has been living with her father has refused to allow her to see me or live with me for the last 11 yrs insists that he can still do this and now wants me to pay for the back child support that in his mind I owe him because she lived with him. The only paper work on child support is in our original divorce papers that stated she lived with me and he pays me child support. He changed the primary residence to him after a few years and thinks that I now owe him child support even though there is no documents supporting this. What are my legal rights and can he tell our now 18 yr old she can't see me?
1 Answer from Attorneys
Re: 18 yr old wants to live with me father refuses
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At the age of 18, your daughter is an adult under Florida law and is free to live whereever and with whomever she chooses. Neither the father nor you have the right to stop her.
The chances are that since the father changed the residence of the child without a court order, he would not have any claim for child support in arrears. This should have been handled by a court order when the change of residence was made.
From a moral standpoint, you should have helped support the child the same as a court would have ordered you to do. Both parents are obligated under the laws of Florida to provide for the needs of their children.
Scott R. Jay, Esq.