Legal Question in Family Law in Florida

FL lawyers, my son's father, who has paternity, hasn't seen my 4 year old son in over 6 months, and has called maybe 2 times a month at most. Prior to this, he utilized his time share sporadically. He does pay his child support however. My son is devastated by this and asks why he doesn't see his father. His father won't answer the question and I feel he is psychologically damaging my son. At what point would such a situation be considered child abandonment by FL law? My son has never lived with his father and I would like to deal with the issue legally if necessary, before my son is old enough to remember his father's presence.


Asked on 6/28/15, 12:02 am

3 Answers from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

That's not abandonment. It looks like there's a time-sharing order in place. you could try moving for contempt on the time-sharing order, but I really don't know how much satisfaction you will get. You should talk to a local family law lawyer - he or she will be in a better position to predict an outcome.

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Answered on 6/28/15, 5:08 am
John Smitten Carey and Leisure

So long as he is paying child support there is no abandonment. A Court cannot force a person to see his son.

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Answered on 6/29/15, 3:03 am
Lucreita Becude Lucreita D. Becude, P.A.

You might ask the court to increase the child support amount. Since he is not exercising his visitation you are entitled to an increase.

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Answered on 6/29/15, 6:30 am


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