Q: Handling child support and custody threats in Florida with my son living with me.

A: First, I would start with its always good to have a paternity judgment securing your rights than not. However, since its been years, she may be bluffing and trying to scare you. The reality is mothers do not have first priority in court. If the child has lived with you and you handle of the expenses and have taken care of him for years, that will strongly be taken into consideration when a court is looking at time sharing and expenses for child support because that means the child has lived in a stable environment for years. IYou have just as much say in the insurance situation. Simply put him on your insurance.

Note: Florida favors parental contact with both parents. Florida Statute 61.13(2) (c) states the following: "The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child. It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.

At the very least you start with 50/50 time share. I think the fact that he has lived with you for the last 4-5 years will carry some weight in you maybe obtaining more than 50/50 time share.

Lastly, child support takes into consideration the number of overnights the child spend with each parent. What that means is that if your son is with you the majority of the time, she may be the one paying child support depending on your incomes.

if she does come and pickup the child without permission and keep him, your first step will be to file a Petition for Paternity and ask for temporary relief to have your son remain in the stable environment he has lived in for the last 5 years pending outcome of litigation.

A: In your situation, it’s important to clarify your legal rights regarding custody and child support. Since there are no formal custody agreements or legal proceedings, your son’s living situation and the financial responsibilities are based on mutual understanding, but that doesn’t provide the same legal protection as a formal court order. It’s wise to consult with a family law attorney to understand your rights and determine the best course of action moving forward.

While your son prefers to live with you, and you handle his expenses, you should consider filing for formal custody and child support arrangements through the court. This would help ensure that both parents’ rights and responsibilities are clearly defined and protect your relationship with your son. Having a formal custody agreement can prevent any future attempts to take your son away or alter his living situation without legal grounds.

If your son’s mother is refusing to cooperate with insurance and making threats, a court order can also address these issues, ensuring that both parents comply with shared responsibilities. You may also want to document all communications with her regarding these threats and any decisions made. By taking these steps, you can establish stability for your son and protect your relationship while addressing any legal matters regarding child support and custody.