Legal Question in Family Law in Florida

I married my ex-wife in 1994 when she was just a couple of months pregnant (I am not the father). She had a daughter, I had her last name changed to mine and I raised her as my own child. During our 7 year marriage we also had another daughter together. When we divorced in 2001, I received visitation rights with my biological daughter. Because my ex-wife and I were amicable, she also let me have identical visitation with my non-biological daughter but not in writing. For the next 8 years I had frequent and consistent visitation with both girls. In 2009, when my ex-wife and I had a falling out, she terminated visitation with my non-biological daughter after a life-long 14 year "father-daughter" relationship together. I haven't seen her for two years now, however, I see my other daughter frequently. Do I have any rights whatsoever under these circumstances? Note: We were married in Florida where my ex-wife and two daughters still reside. I moved to Michigan in 2002.

Steve Nelson


Asked on 9/12/11, 9:51 pm

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

In your 2001 dissolution and/or marital settlement agreement, you apparently did not insist on visitation rights with your older "daughter" which would have been your right. You may be the legal parent of a child although you are not the biological parent. As a child approaches adulthood, a court or family agency will listen to the wishes of the child regarding such matters as visitation. Since she is now 16 or so yrs, a judge would listen to her preferences. Returning to court for that matter would be time-consuming; resolving the matter with her and her mother would be best. Yes, you do have legal rights, but asserting those rights against the apparent opposition of her mother may require effort.

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Answered on 9/13/11, 5:29 am
Lucreita Becude Lucreita D. Becude, P.A.

Mr. Martin is absolutely correct. I am surprized that you did not assert your rights at the time of the divorce. Being married to the mother when she gave birth - gave you legal rights to the child. Doesn't matter that she is not your bio daughter. However, I am with Mr. Martin - have you talked to your older daughter to see if she wishes to have visitation with you and does she understand that you love her and raised her because you loved her and you don't care if you are not the bio dad - you are her dad! Kids get funky ideas placed in their head because of discourse between the parents. You need to talk with her on this and your ex needs to stop being a pill. As it stands you have ever right to enforce visitation by law!

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Answered on 9/13/11, 6:23 am


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