Child Custody in Florida?
Hi everyone, I need serious responses as this is not a laughing matter! We have a lawyer but i feel like they are just sitting there not doing a thing. Heres the case: Three years ago my nephew was born, the mother told my brother the child was not his, my mother in the year the child was born went to look for him and the boys mother through her out still swearing the child was not his, and then the boys maternal grandmother called our family swearing the same thing. Almost 3 yrs later we did facebook stalking, we saw pictures of him and he looked identical to my sisters child, My brother took action and had to do a paternity test to prove it was his, she still saying it wasn’t my brothers. now its proven its his child and now we get two nights and my brother has a new family with a few month old child. The magistrate recently told my brother this: My brother must pay her $600 in child support and pay over 23000 in what would have been child support, he has no holidays (not even fathers day), child does not get his last name, and he has to put life insurance in the mothers name, the boy can only go to the Dr she chooses even if its not under his insurance. My brother gf (has baby with and living with) can not watch the child, but the mothers bf can watch the child (this is in the custody act). She lied directly to the magistrate about her work life (i can elaborate if you wish), and my brother is the only one currently working (850 every two weeks), rent is 800 a month, has to pay other bills, plus he has a baby, how is that fair not only to my brother but his infant child, is it even allowed, what can we do? This whole thing sounds fishy to me! Don’t rant or throw your moral standpoint. He’s a father taking a stand for his child and its not the issue of money its the issue of hey this lady lied and separated them and now wants to continue to do it and get money. She’s done this before with her first child same exact scenario, and her daughter carries her last name as well! Don’t give crap about marriage then kids, because we’re in new times, and if you do go back to what marriage was for (biblical times) and then see how your standing with Christ yourself to begin to acknowledge that rule!
I will also report any ranting so that you lose points! i’m not messing around! This kid matters to much to me so that you can throw irrelevant responses!
Yes it would be standard but the florida laws have changed no more primary and secondary parents from what i understand. I read a case where a husband who was in and out of jail for crimes plus drug use got better rights and other stories where child support not so high. Money can always be pulled between the family so were not fighting that so much but the rights visitation and recognition
The support order sounds pretty standard for a non-custodial parent. Your brother’s girlfriend and child and their expenses are typically not figured in when a support order is drawn up as they are not in any second family situation.
If he wants it modified, he has to file a motion for such in the court where the original support order was issued and show just cause (change in financial circumstances, such as unemployment or hours cut, etc.).

June 21st, 2010 at 4:41 am
The support order sounds pretty standard for a non-custodial parent. Your brother’s girlfriend and child and their expenses are typically not figured in when a support order is drawn up as they are not in any second family situation.
If he wants it modified, he has to file a motion for such in the court where the original support order was issued and show just cause (change in financial circumstances, such as unemployment or hours cut, etc.).
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June 21st, 2010 at 5:19 am
I would get a new lawyer. The things you said the magistrate said sound totally ludicrous to me. I have never heard of any kind of court ordering arrears when there has never been a child support order.
$600 a month sounds way over the top.
Too many things aren’t right here. Get a different lawyer, quickly. If he can’t afford one on his own, then the family needs to pull together and help him out. This is insanity.
Donna
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June 21st, 2010 at 5:32 am
No, not fishy, your brother got screwed over by a lying ex. And that is what happens when you have premarital sex…you end up with a child and very few rights. Tell your brother to keep it in his pants in the future…it is far cheaper. And if he waits until he his married before he procreates any further, he will have more rights than he does now!
For now, tell your brother to hire a good "father’s rights" lawyer and to sue for FULL custody based on his ex’s cruelty in denying him the right to have access to his child for almost three years. Make sure that he also demands that the ex have little or no visitation so he can bond with his child…under circumstances that she considered reasonable when the child was born (ie. she had all the contact and he had none). And then he needs to sue her in civil court for denying his paternity for so long. Make sure he asks for punitive damages.
He probably won’t win…but if he gets a judge that is pro-father’s rights, he could well win and in the process he will teach his ex-hag a lesson…others too that they should not deny paternity! Good luck and God bless!
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