Legal Question in Family Law in Florida

I am currently ordered to pay child support for my daughter. Her mother and I were never married so we do not have a parenting plan for visitation in place. If I file a Petition to Modify Parental Responsibility do I also need to file a petition to modify child support or will the petition to modify parental responsibility automatically adjust my child support obligation to a lesser amount. Also if we do a 50/50 split will I still have the responsibility to pay child support.

Asked on 6/26/12, 8:04 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

You were probably tagged by the Dept of Revenue for child support. I suggest you now file a Petition for Visitation, Custody and Child Support - attach to it a parenting plan. Just because you pay court ordered child support does not give you visitation rights. Your child's mother can leave the state at any time without court approval. Once you have an established visitation order in place, the mother would then have to get court approval to leave the state or move outside of a 50 mile radius. If she did so without the court's approval you can have her in contempt and the court may place sanctions on her such as 1. requiring her to move back or 2. giving you custody of the child or 3. something else.

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Answered on 6/28/12, 7:07 am

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