Legal Question in Family Law in Florida

child visitation

I have a 10 year old daughter,she does not have my last name but I am on the birth certificate. I pay child support every week and I am also behind on child support. Every time I turn around the mother is always asking me for more money. She has even went so far before to ask me to hurry and do my taxes so she can get the refund to pay off a big screen she had bought before finance charges are started being charged. There has never been any court order for visitation . We were suppose to alternate week-ends. But the mother would change at any given time for all kinds of reasons. So therefore I wouldn't get her when I was suppose to. Now she has requested for more child support, this is the second time in about three years I think. Now she is with holding me being able to have my daughter at all until I give her more money, which I don't have. Two questions 1. Do I have any rights to have scheduled visitation? 2. Also can the mother be respondsonable for at least one way of travel for the child? We don't live in the same town, about 55 miles one way. Plus I don't have a car nor license. I would either pick her up or take her home. I have to get some else to take me.


Asked on 4/19/09, 8:43 pm

1 Answer from Attorneys
Mark Hanks Attorney Hanks, P.A.

Re: child visitation

If the case in which you are paying support, was brought by a child support enforcement agency (as opposed to by the mother on her own), you need to file a completely new and separate action for parental responsibility and time sharing (no such thing as custody or visitation anymore). Request in the pleading the sharing of transportation expenses. It can be ordered by the Court.

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Answered on 4/20/09, 12:25 am


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