Miami, FL asked in Family Law for Florida

Q: i havent received help from my son father and he refuses to help when i ask he rudely denies help and tells me no

Im currently having issues with the father of my son he hasn't help with nothing of the child these months no child support i recieved $40 about two weeks ago and tells me to take that sorry child support and to stop asking him for help because he is not obligated to help me if the child is with me i have to figure it out on my own i was with this man for 2 years and lived with him for three months and seen a lot i was also being physically abused by him to the point i almost lost m child 3 times in my pregnancy i plan on relocating for a better future and a better future economically but i know he wont allow it he still verbally gets abusive i have recordings and an a voicemail of him he says if he doesn't or chooses not to work i will not be receiving his part of financial help no matter how long it takes. he now has a girlfriend i did not know and she contacted me saying she will do his part and asked if she can pick up the child his father gave permission and i don't know her

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2 Lawyer Answers
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara
PREMIUM
Answered
  • Miami, FL
  • Licensed in Florida

A: There's a lot of information in your question and you should probably consult with an attorney for more detaled legal advice. That being said, if there is no child support order, the child support amount has not been legally established and therefore the Father is not violating a court order by not paying you. You will need to go through the courts to get a child support order. Any order you get will go back 2 years. If dad is refusing to work so he can avoid paying you, the courts can order him to get a job.

If there is no timesharing order, you do not have to release your child to a stranger, just because she is his new girlfriend. In order to get a schedule, you would have to go to court. It is more beneficial for dad to go than for you as under Florida law you have all of the rights to the child as an unwed mother.

If there is no timesharing order, you are permitted to relocate but if dad files, a judge could order you to come back. He has to go to court to do that. You could also file for the court to allow your relocation and get the court's permission before you go instead of dad's permission.

Good luck!

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: He is definitely incorrect when he tells you that "he is not obligated to help [you] if the child is with" you. Contact an attorney or

https://floridarevenue.com/childsupport/Contact/Pages/default.aspx

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