Legal Question in Family Law in Florida

child custody

My daughter gets threats from her ex-boyfriend (child's father), that he will take her to court and get custody. She has had to call him to visit with the child, now all of a sudden he wants full custody to get out of paying child support ($50.00 a week). The child is 2 yrs old and has been living with her and us for the past 1 and 1/2 yrs. My daughter cannot afford a place ofher own yet. My daughter has been letting the father take the child overnight and weekends when the father wants him. And this is only since about Christmas this year. Before that he barely saw the child. Only when it was convenient to him. He had been arrested for dealing drugs last year. He lives with a girlfriend that does most of the child care when the child is with them. What are my daughter's rights? Does she need to get a lawyer involved? Is it at all possible that this young man can get custody? They were never married. It is my understanding that she is the custodial parent and he has no rights. Am I right?


Asked on 2/28/08, 9:43 pm

1 Answer from Attorneys

Re: child custody

In an out of wedlock birth, the biological mother is presumed to have custody. It sounds like the child's father would need to have a Court establish his custodial and visitation rights. Based on his criminal history and the age of the child, a change of custody seems unlikely. If a Paternity Custody case is filed by the boyfriend, your daughter would probably need to consult with an experienced attorney.

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Answered on 2/29/08, 10:28 am


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