Legal Question in Family Law in Florida
My brother and his girlfriend just broke up and they have 11 month old twins. They are both out of work and collecting unemployment. He has been looking for a job, but has had no luck and she has not looked for a job at all but started going to school. Now that they have broken up she is not letting him see the kids because he is not paying her what she wants. He is providing what he can and my family is also contributing. She has no plans for looking for a job to help contribute. The problem is he is not giving her as much as she wants so she is saying that he is an irresponsible father and keeping the kids from him. She is also saying that she has called somewhere and that if he is not doing what he is supposed to she does not have to let him take the kids. What should he do? Is legal aid an option since he is out of work right now?
2 Answers from Attorneys
Legal aid is probably not an option, but he can apply.
She is wrong. Child support and visitation are unrelated. She risks custody by refusing visitation. He should file a petition for paternity and primary timeshare (custody).
The girlfriend can not deny your brother visitation. He will need to get an Order outlining his visitation rights. Child support is a separate issue and should not be used as a visitation ploy. The mother may find herself in contempt of court and could lose custody. If he can not afford an attorney, then check out the legal aid offices in the area. Although he may qualify, it may take some time to find one to represent him. You might start checking the attorneys who practice in this area and see if you can find one that would be willing to take payments. This might be a better choice for him.
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