Asked in Child Custody for Florida

Q: In florida, can a minor child age 10, refuse to visit non custodial parent. We were never married &have no custody order

I do recieve child support but there is no custody.. He was out of her life from late 2009 early 2010 until 2016 while he was in prison. She is not comfortable around him so if she says she doesn't want to see him I don't force her. She has a sister 3 yrs older, who remembers him and i's fine seeing him which I always allow. In the time he was Incarcerated I met my husband. The child in question was about 2 1/2yrs old. She knows my ex is her dad, but in her eyes my husband is her father. Need some advice, bc now her biological dad said he is taking me to court in regards to custody so then I will have to make her go with him

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1 Lawyer Answer
Rand Scott Lieber
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Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If there is no court order on timesharing then the mother has complete control. If he goes to court he will have to start paying child support. Regarding timesharing the court will consider how long the father has been absent from the child's life. If timesharing is ordered it will be slow so that they can get to know each other. It will also probably involve a mental health professional who understands reunification. The main concern of the court is what is in the best interest of the child, not what is best for dad.

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