Legal Question in Family Law in Florida
Need clarification
I have sole custody of a 4-yr old son. The father and I never married. He left me when I was pregnant. Anyway, he has always paid either my car payment of given me $600/month in child support and I allowed him to see his son every weekend. I have now moved from Miami to Jacksonville and every other weekend I drive 2.5 hours so that the father can pick up my son. He has told my parents that when he gets $$ he is going to go to an attorney to try and get custody of my son (he is still mad I left him when in reality he had already gotten married behind my back when we tried to get back together). He has always tried to compete with me as to who can provide the better life for my son but it has never phased me. My son has told me that his dad taught him to stick his tongue in others mouth when they go to kiss him and the last time I picked him up from a scheduled visitation he was crying. We have no written agreements between us. he gets him every other weekend and he talks once a day in the evenings. i think that is enough for someone who does not even have joint custody. His behavior with my son is disturbing me. What are my rights and what are his? Should I be concerned about his custody efforts?? Thank you.
1 Answer from Attorneys
Re: Need clarification
This is a scary story. You are doing the right thing allowing contact. You have the right to object to him telling the child improper things. Don't be afraid to say something. If he is trying to get your child, based upon greater income, its very likely he's underpaying child support. You need to file a petition for paternity and get him paying via income deduction order. He will have to get insurance and also pay a good portion of the daycare. If the child feels uncomfortable, get him counselling RIGHT NOW, don't wait, this can cause a lifetime of issues.