Legal Question in Family Law in Florida
Child Custody (not married)
My boyfriend is wanting to get joint custody of his son. His ex and him weren't married. Somehow she got full custody of him because she is the custodial parent? How does all of that work?
1 Answer from Attorneys
Re: Child Custody (not married)
First of all he must have a reason for wanting "joint" custody. The mother got residential custody of the son in what manner. If there was a court hearing, where was your boyfriend? If he did not contest it, then she can get the moon and did! If he is paying child support, he should start by getting reasonable visitation and gradually increase his time with his son.
If he is not paying child support, then the court will not look favorably on his request for "joint" custody.
If there is no court order, then in the eyes of the law, they both have equal rights and he can go to court and establish his reasons for wanting joint custody.
Best bet, have him go talk to a family attorney in the county where he lives as a starter and he can probably get a free consultation to boot.