Legal Question in Family Law in Florida

I got pregnant when I was 14 and had my child just after I turned 15 at that time the father was 19. I have recently decided to file for child support (my daughter is now 8 years old). The father has neve given her any support financially or emotionally she has no Idea he exsists. He has been in prison and has a criminal record one of which is assult and bettery on pregnant woman ( not me). He also has another child who i beleve he does pays child support for. MY questions are: what can I do if I fear he will start comuing around once he is served with the child support paper work? will he have to pay me for 8 years of retro active child support? What can I do to get full custody of my child As i have supported her and cared for her since the day she was born?

P.S. She does not have his last name and he is not listed on the birth certificate.


Asked on 9/17/09, 3:40 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

You've got a tough choice here. The birth certificate doesn't matter. If you go for child support, he may go for visitation. He may even go for custody, but it sounds like his odds of getting custody are close to nil.

To stop visitation, you may have to terminate his father's rights, which also terminates child support. Your only hope is to ask for sole custody (where he gets no visitation except what you allow) or or supervised visitation (where you or someone has to watch him when he is with your daughter). Of course, you may lose and he may get unsupervised visitation, even overnight visitation. It's the roll of the dice you take.

You should be entitled to up to two years of back support.

You may want to speak t a family law attorney in your area to see how your local judges usually rule on visitation cases like yours. In my area (Tampa), you probably wouldn't have to worry too much about him getting unsupervised visitation.

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Answered on 9/17/09, 5:16 pm


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