Legal Question in Family Law in Florida
I have custody of my child and her father does pay child support. I recently asked him to get temporary custody for 3months while I finish school. Originally he declined. I then decided to let her stay with my sister in our home town. Her father then called me to say he would get our child if I would stop the child support. I explained to him that I would not stop it, but I could send him the money in a check form so he will get it back and he would have to sign an agreeing to some terms and conditions. I also told him that I would be more than willing to sign a letter agreeing that I would return the child support for the time she was in his care temporally. Do I have to stop the child support?
Can he just take our child without my consent?
Can I request he sign an agreement?
1 Answer from Attorneys
If there is a custody order, then no, he can't just take your child. If there is no custody order, then he can take your child if there is an order determining that he is the father, such as an order through family court or child support enforcement (if his child support is court-ordered or ordered through DOR, then there is an order declaring him to be the father).
You don't have to stop the child support, although it does sound fair that the child support stop while he temporarily has your child. You can request that he sign an agreement, but he doesn't have to.
Too many times, I've seen someone "temporarily" turn a child over to the other parent, then have the other parent refuse to return the child and claim that there was never an agreement to return the child, that there was child abuse, or that the custodial parent can't handle the child or why did the temporary custody have to happen?
Be careful with what you do. You probably need to speak with a local family law attorney.
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