Legal Question in Family Law in Florida

Yes he pays child support. Automatically comes out of his check 2x's a month. He chooses not to see her. He's only seen her 3 times in 2 years. Can he just show up & demand to see her?


Asked on 4/24/12, 8:45 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

If he is paying child support and you have a visitation schedule in effect - then he must follow the visitation schedule and continue to pay child support. the fact that he chooses not to see her is a moot issue. You have the schedule in place and if he does not wish to follow then leave it alone. He can not just show up and demand anything - go by the schedule. The police, if called, will say it is a civil matter and unless he has a pick up order in hand that day, they will do nothing. If you wish to petition the court for sole custody with no visitation, you may do so but you must show that this is in the best interest of the child. You may be opening up a can of worms that you do not wish to have to deal with.

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Answered on 4/24/12, 8:55 am


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