Legal Question in Family Law in Florida
Non marital child support
My question is without custodial rights never being established can he sue for child support without a valid court order? Explanation: Child is ten and has been living with father and his mother for the last year. Father is now suing for child support. Mother never received child support in the first eight years. Father and mother lived together off and on for the first six years then mother raised child alone for the next two years.
1 Answer from Attorneys
Re: Non marital child support
Yes, a parent who is supporting the child can sue for support from the other parent although there has been no divorce, custody order, etc. Parents have a legal obligation to support their children unless they have a valid reason for not doing so. The mother may assert a defense that she supported the child for the previous eight years without support from the father. The court will decide, theoretically, on what is best for the child. Custody, visitation, and support should be considered by the court as related issues to be decided in the best interests of the child. The mother is advised to consult with a local family law attorney who can advise her re specific legal options in her situation.
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