Legal Question in Family Law in Florida

Does an unmarried mom get custody & intitled to child support if lived with fath

I cohabitated and produced a daughter, now 4 1/2, with a man to whom I was never married. I left him last May. I have been sharing time with him equally, not knowing my rights. He pays for her montessori school and provides for her while in his care. I now believe it is in her best interest for her to live with me full time. I am willing to let him see her whenever she wants.1) Am I entitled to just decide to keep her instead of sending her back and forth between homes several times a week? 2) Am I entitled to child support? 3)Can I claim her for taxes if he pays her school?


Asked on 2/18/01, 6:26 pm

1 Answer from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Does an unmarried mom get custody & intitled to child support if lived with

I assume that a Paternity action has not been filed. Therefore, it has not been established that he is the father. Until it has been established that he is the father, you can not request child support from him. The two of you can agree that he is the father and file the appropriate documents. That way, you collect child support and a visitation schedule is drafted for the two of you and your daughter wins all the way around.

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Answered on 4/03/01, 11:00 am


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