Legal Question in Family Law in Florida
child support/custody
I'm married but seperated. my wife and i met and married VERY quickly, several weeks later she decided marrage was not for her. after she left, she found out she was pregnent. i assume she was unfaithful, but realize the child could be mine. from the time she found out she was pregnent she has made it clear that she doesn't want me in Isabella's life, i'm not on the birth cert. and Isabella doesn't carry my last name. Isabella is now 1yr old and my wife now wants support. i was sent papers from FL. (i am in ILL) court, and i have 20days to respond. how should i reply, what info do i send at this time?i am happy to support my child, as i do my oldest daughter, i dont believe i owe my wife anything.she chose to leave, she chose to go through w/the pregnancy, as harsh as it may sound, she chose to take on a ''financial burden'' knowing the situation.. she has kept me from Isabella, and has not acknowleged me as her father until now. i intend to move back to FL and fight for custody in 12-24mo, but until then how should i handle matters of support, visitation, custody? how should i reply to the court summons? i will gladly pay support,as that will book mark me in Isa's life until i move back, but i dont want to get ''taken''.messy'?' sry
3 Answers from Attorneys
Re: child support/custody
If you don't want to "get taken", you need to retain counsel in Florida to respond to the paperwork you received. Also, if you want custody, it is better for you to raise that now than to wait until the child is 2-3 years old and doesn't know you. That won't sit well with the court. Even so, since you haven't been around for the past year, and haven't provided any support thus far, you are facing a battle.
If you haven't already, you should also consider filing for divorce in Florida. Illinois will not have jurisdiction over the child.
Re: child support/custody
DO NOT SIGN anything until an attorney sees the paperwork. Do not assume paternity. Get tested. If you try to do this without legal help you can end up paying support for someone else's child for 18 years.
I have handled cases just like this, and I am telling you to be careful.
Re: child support/custody
It appears your case is currently being handled under Florida law, since you say you were sent papers "from [Florida]."
First, DON'T FILE AN ANSWER. Talk to a lawyer first. I'm not sure you are subject to Florida jurisdiction for child support purposes. But, if you file an answer (as opposed to a motion to dismiss), you are agreeing to Florida jurisdiction. Do not agree to Florida jurisdiction without talking to a lawyer. You may be able to force her to sue you for child support in Illinois, where you may fare better. Florida child support guidelines, for example, tend to be notoriously high.
Next, regardless of whether the child is biologically yours, by Florida law, you are legally the father, and you may be better off filing for divorce and asking for custody in your divorce. It may be that you are better off filing for divorce in Illinois.
Last, waiting for 12 to 24 months to fight for custody is probably the equivalent of giving up custody, since letting her have custody for all that time may essentially establish who is the custodial parent.
Bottom line, don't make a move without talking to a Florida lawyer AND an Illinois lawyer very quickly, since you are now under time limits on the Florida lawsuit.
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