Legal Question in Family Law in Florida

My son will turn 18 soon. His father keeps telling him that when he turns 18 that he will still have to see him. My son does not want to see his father anymore after he turns 18. Can the child's father take the case to court and will the judge order our son to still see his father even if our son is 18 years old. And also can our son choose and pick to leave with me,(mother), and not have to see his father anymore after he turns 18. I live in Miami, Florida.


Asked on 10/20/10, 3:38 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

If your son is 18 and still in high school and you are receiving child support, he has every right to visitation and the court would hope that you would foster that communication between him and his father. If your son has graduated and/or is no longer in school, and child support has ceased, it is considered that he is emancipated and is no longer obligated to have any contact with his father. Also, you can file a Petition with the court to revoke his visitation - but it would have to be due to some type of circumstance that would have to be substantial - and have your son there to speak to the Judge. But at this age, it would be a waste of time and money. There are many avenues, I suggest you contact a family law attorney. When children become 17 and 18, it is very hard to force them to cooperate with court orders issued to the parents. without any further information from you, I am hesitant to truly advise you on this matter.

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Answered on 10/26/10, 7:01 am


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