Legal Question in Family Law in Florida

Child Support/Custody

My stepson had lived with his mother and then myself with his dad comming in and out of the picture. My wife was never married and paternity has never been established and there have not been any legal custody papers filed. The dad has paid some child support but not a penny in three years. My stepson wanted to live with his dad and we thought it might be good for him to get to know his dad on a trial basis. Now after two months he wants to take my stepson to another State and sue us for child support. Can he take my step-son out of State and can we counter sue for back child support?


Asked on 4/05/07, 1:15 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: Child Support/Custody

1.He cannot take the child out of state without the mother's consent since he is not a legal guardian of the child (no paternity). 2.I don't see any basis for his being awarded child support. 3.As for back support from him, according to what you said, he is not a legal parent and therefore does not have the rights OR responsibilities of a legal parent. Even if he were, so much time has passed that he could probably successfully claim "laches" as a defense.

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Answered on 4/05/07, 1:53 pm


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