Legal Question in Family Law in Florida
family law
My sister married poorly and had a child. This man has been a horrible father, but yet the judge has forced the child to visit. Child now 13 years old. Father told child she would not need to visit him anymore if she talked her mother into forgiving his child support payments. Claims she would need to sign a legal document. He pays only 280 a month which our family would gladly help with, but what a thing for a man to do to his child. The child is so happy not to go, but I think (for what is worth), he should have to pay and she should not need to go. My sister has little resources and obviously has had an incompetent lawyer and terrible judge. Your opinion is appreciated. p.s. I was legal secretary for many years in NY specializing in this area and I know the family courts are a horror. I suspect it is worse in florida
1 Answer from Attorneys
Re: family law
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Wow. Based on your comments, the entire legal system must be suspect although I would disagree. Most attorneys are quite diligent in their representation of their clients and the courts are rather fair and staffed by competent personnel.
Although you do not see it, I am sure your opinions are very one sided and fail to take into account the side of the father who has equal rights to his child as does your sister. Unless she can show that the visits of the daughter are detrimental to her well being, the father has the same rights as any other parent to have visitation with his child.
Based on your comments in this question, I would not be surprised if she is being told by others how mean he is and she should not have to go and visit with him. If so, that is grounds for him to have custody modified and have him made the primary residential parent so you need to be careful with statements that are made in the presence of the child. It could be damaging to your sister and her rights as a parent.
Having said that, the father was totally out of place in making relating any offers or any deals through the daughter. The courts would frown heavily on this. If your sister seriously wants to consider this offer, it might be possible to work out legally through an attorney whereby the father foregoes all of his parental rights and your sister gives up any claims for future child support.
Scott R. Jay, Esq.