Legal Question in Family Law in Florida
Family Law Custody and child support
Well first off this is a very complacited case, here goes. My boyfriend (jeremy) ''has a baby with his ex'' he is 5 and we have been fighting for him for 4 years. !st the mother (beth) is not fit. She leaves the child anywhere and gave away her first baby. She even went to prison and we still could not get the child. And he has been paying child support on one child but two different cases. I am studying law and when jeremy had to go to court to try to get visitation at least, she kept saying a lot of stuff that was not true and when we cornered her she knew she was going to lose. So she stood up and said the child is not his. Now we have to do a DNA test but they are still making him pay child support. And she wont pay her half of the DNA test. What is wrong with this picture, and what can we do? If not to the mother or grandparents but to the county too. They broke a lot of laws!! In calhoun county it is not florida law but calhoun county law!!!!
1 Answer from Attorneys
Re: Family Law Custody and child support
The "correct" thing to do when the other party refuses to take or pay for a DNA test is to file a motion to compel, but lately I've been filing motions for summary judgment, asking that, if the other side refuses to take or pay for the DNA test, the result be automatically declared in my client's favor. I seem to get better results that way.