Legal Question in Family Law in Florida

I met my ex-wife when she was pregnant with a girl. I was there for the birth and soon afterward, married her and had the child's last name changed to mine. My ex-wife and I were married for seven years and had another daughter together. After our divorce in 2001, although the oldest child could not be part of the court order, I continued to get regular visitation with her along with my biological daughter for another 5 years. In 2006 , my ex-wife began alienating the child even told her that I was not, in fact, her real father and soon afterward visitation was ended. Do I, after almost a 14 year father/daughter relationship, have any rights what-so-ever regarding resuming visitation with her? My name is not on the birth certificate and I only pay support for my biological daughter, if either of these things are relevant to your advice.


Asked on 12/18/09, 11:56 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Unfortunately, since there was never a legal adoption there are no parental rights extended to you for the eldest child. However, some courts will consider as part of the best interest of the youngest child that there be some form of visitation with the older child as well. With that said though, I am not aware of any judge who would force the non-biological child to have visitation with you.

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Answered on 12/23/09, 12:09 pm


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