QUESTION

My daughter is 16 and has never met her bio father, nor have we ever received child support. i recently filed for child support. does he have rights?

Asked on Mar 19th, 2013 on Child Support - Florida
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If so, what are they? I am very anxious about this whole process and wonder if i am making a mistake. after all of these years without him being in her life, does he HAVE to have visitation if he starts paying child support?
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Family Law Attorney serving Plantation, FL
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      Did you file for child support through the state?  If so, should your daughter's father wish to assert his "rights" (and I assume you mean having time with your daughter) he would have to file a separate lawsuit asking for the court to determine parental responsibility and time sharing.  If you filed for child support yourself or through a private attorney, then the father could assert a Counterpetition in the same lawsuit.  Either way, considering that the father has taken no interest in your daughter for the past 16 years, it is unlikely he will do so now.        Moreover, the court must consider the best interest of the child.  Given that your daughter is 16, and YOU probably don't see her that much if she is as social as most 16 year olds, it is unlikely that the court would give the father any significant time sharing with her anyways.  At best we are talking about less than two years, when your daughter turns 18, and the court no longer has jurisdiction, so I wouldn't worry. If she chooses to have  a relationship with him after that point, then it is up to her. On another note, from the day you file for support, the court can only award retroactive support for two years (24 months) prior to that date and then forward until your daughter graduates high school, or turns 18, whichever is later, provided there is a reasonable expectation she graduates before age 19.  Too bad you didn't do this 16 years ago.  I know it is expensive to raise a child and he should have shared more of the burden.
Answered on Mar 20th, 2013 at 10:30 AM

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Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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Relax and don't be anxious. An order to pay child support does grant the father any rights to visitation, or shared parental responsibility.  The only way that the father will have rights to see the child, is to go to court and file a petition for visitation, then a judge must determine that it would be in the childs best interest to have contact with the father.  In your case, the child might be close to eighteen years old before the father gets his day in court and at that point the court will no longer have jurisdiction over the child.  Florida law is quite clear, paying child support does not automatically grant visitation rights.
Answered on Mar 19th, 2013 at 3:28 PM

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