Legal Question in Family Law in Florida
I am located in FL and had a custody case back in 2008. The petitioner (my ex) did not appear at the final hearing and the case was closed for failure to prosecute. My understanding at this time was that his rights were then dismissed. However, several years later child support was established. I'm wondering if rights were restored since he is now paying? My daughter does not want to be around him, but he visits at school for lunch and they told me unless I can prove custody rights he legally can't be denied visits with him being listed on the birth certificate. Is this accurate? Does he have custody rights? I don't see the detailed information listed on the case records at the clerk of courts.
4 Answers from Attorneys
His parental rights were not terminated. That's a completely different thing than visitation. (We don't have custody in Florida). Without reading the order from this hearing, its nearly impossible for anyone to answer your question. Find a lawyer in your hometown, pay him or her some money, and get some advice.
Cannot answer without a review of your paperwork. See a local Family Law attorney ASAP.
Have an attorney review your paperwork.
IN the event you were not married and you are just saying ex as in bio father of the child, unless there was visitation established at the time of your hearing, then I suspect he has no rights. ONe of you have to file for visitation in that case. If you and he were married then I would have a whole lot more questions before giving you an answer.
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