Legal Question in Family Law in Florida
visitation of child
My grandchild is 2 months old, my son is not working a steady job, but is looking for work, and he and his girlfriend are separated. She has the baby, and will not allow my son, the baby's father, to see the baby unless he pays her support money. Does she have the legal right to withhold visitation if support is not paid?
3 Answers from Attorneys
Re: visitation of child
Suppport and visitation are separate issues. The Mother does not have the right to withhold the child because of the support issue.
Re: visitation of child
Parents are obligated to support their children. If he wants to be a parent, he is advised to sign an agreement for child support which can include visitation as well. A legal aid office may help the parents to put their parenting obligations in writing which will then be enforcible by a court.
Re: visitation of child
If your son is the natural father then he is entitled to visitation regardless of whether or not he pays child support. However, it is likely that your son will need to retain an attorney and file a paternity action to enforce his rights.