Legal Question in Family Law in Florida
Visitation/Custody/Child Support
In October 2007, my husband filed a step parent adoption to adopt my child. The father contested. The father has not seen the child since she was 2 months old and after that came by maybe 5 times and has not come around or contacted her in 14 months. We were never married. He is 8000 dollars in arrears for child support and his license is suspended. Now all of a sudden, after my husband tried to adopt, he wants to see the child and has filed a paternity action to establish visitation and custody. The child has no clue who he is and my husband and I have been taking care of her every need. Will the judge look at any of his past when determining the visitation and custody or will this not even be considered? Could the child support be a factor in this case since he insisted that a financial affidavit for support also be filed in this case?The child support was established through a case with the DOR. Will I have to file another suit on my own to do something about the child support since the DOR is basically slapping him on the wrist?
1 Answer from Attorneys
Re: Visitation/Custody/Child Support
The father's past will weigh strongly against him, but the fact that he is showing up and now wanting to be in your daughter's life will probably prevent the termination of his fathers' rights and the adoption.
Generally speaking, you're always better off filing your own child support case with your own lawyer than using DOR. You might as well bring the child support case into your other case, anyway.