Legal Question in Family Law in Florida

Deciding visitation

The father of my child and I were never married. We split up shortly after our daughter was born due to domestic violence on his part to me. He was ordered to pay child support which he is now behind over 2000 dollars, not including back support of 7,500 dollars. He has had his license suspended and still is not paying support. He has taken very minimal interest in our child and last visited her when she was 4 months old. She is now 17 months old. All of a sudden he wants visitation and has filed with the courts to get it. Inorder not to pay court costs he filed as indigent and received it. My daughter has no clue who he is and calls my husband, who has been in her life since she was 2 months old,dada on her own. She has a consistant, loving environment and knows nothing else. Will the courts look at his overdue child support and his past disintrest when deciding visitation?


Asked on 2/24/08, 6:13 pm

2 Answers from Attorneys

Re: Deciding visitation

His past disinterest could be used as a basis for granting him supervised or limited visitation. The past due child support will not be a factor in the manner of visitation he would be granted.

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Answered on 2/27/08, 1:34 pm
Brent Rose The Orsini & Rose Law Firm

Re: Deciding visitation

The biological father's past disinterest in his child will affect his visitation, but not so much as you may think. The judge will probably set up some kind of reunification plan where the father will get limited visitation for a couple of months, the idea being that your daughter will need some time to adjust to him. After that, he'll get the standard visitation of something like every other weekend and one night a week.

Allowing your daughter to call your husband "dada" was probably a bad idea, but most judges are fairly understanding about it.

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Answered on 2/25/08, 9:31 am


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