Legal Question in Family Law in Florida
child support and visitation
My 20 year old daugher has a 19 month old daughter from a one night stand. This happened during a ''wild'' time in her life. She has had no contact with the childs father, but is struggeling financialy. The state is encouraging going after him for support. If she goes along and makes this happen, just what rights will he have if he has to start paying child support. I, the grandfather, have supported most of their needs. Although my daughter has turned her life around, word is that the father is still wild, drinking, not working half the time etc. Will the father be able to take her for the weekends etc? He has not expressed any interest in my grandaughter, but his now ''wife'' is apparently pushing to get some rights, if he has to pay state collected child support. I am just sick about the thought of either of them having any visitation etc., as I do not trust them nor feel it is in the best interest of my grandaughter and daughter.
What if we move to another state before all of this takes place? I cannot afford a lawyer and am hoping to start making some decisions based on what I can find out from opportunities such as this. Thank you in advance for your time and help.
1 Answer from Attorneys
Re: child support and visitation
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
A father is entitled to the rights of any father whether he pays child support or not. Your daughter should seek the statutory child support whether or not the father can afford to pay. Even if he is still immature and not holding a steady job, hopefully one day he will get his act together and the child support will have accrued for all that time. The father will have to bring it current or face being held in contempt of court for failure to pay.
Moving to another state is not the answer. If the father is truly a danger to the child (and it is not just conjecture on your part) then you can prove that to the judge and the father will be denied visitation or only allowed supervised visitation. If your daugher cannot afford an attorney, the State of Florida will help her by providing an attorney to file the necessary action. In some parts of the State it is through the State Attorney's Office and in other parts the Attorney General's Office handles these matters.
Scott R. Jay, Esq.
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