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Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1960
Experience:  Practicing Attorney with 10 years experience
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I'm asking boyfriend. We have an infant girl, but he also

Customer Question

I'm asking for advice for my boyfriend. We have an infant girl, but he also has another daughter with his high school "sweetheart". He is living in California and Jadah (his other daughter who will be 8 next month) lives in Florida with her mom and step-dad. Sandra (FA mom) cut off contact with him because he wouldn't sign over his parental rights a little over a year ago and moved so he cant send letters or b-day gifts and changed her number.. He hasn't been able to contact or see his daughter. I told him to take her to court but he's scared that since he doesn't have his own space for her to stay (he's renting a room) that he wouldn't be able to get any visitation rights or anything. And he actually thinks there would be a negative affect as in losing all parental rights. And Sandra takes Jadah to Mexico, yearly or every other year, and doesn't get his permission
JA: The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No he hasn't because I think that he thinks it will cost too much.
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. OK. The Family Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Jadah has his name, he's on the birth certificate. He sends letters and presents to Jadah's uncle and he gives them to her, but then he gets no response. Sandra had told him that when she asks about him that she'll let Jadah come visit, but I highly doubt that Jadah thinks she has the choice.
JA: Is there anything else the Family Lawyer should be aware of?
Customer: Sandra has mentioned that she needs Jadah's last name released so that she can change it to her husband name so that he can get his green card.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 8 months ago.
Category: Family Law
Expert:  Asad Rahman replied 8 months ago.

I am sorry to hear this. I think his concerns are misplaced. As long as he can provide a safe environment, mother has no right to withhold visitation rights. Also a judge is not going to force him to terminate his rights. They only do that when there is evidence of abandonment. That is not the case here. She may be trying to frame him for abandonment by cutting off all communication. It is imperative that he file for enforcement of his visitation rights in Florida asap.

Customer: replied 8 months ago.
But since he lIves in California, does that make things more complicated?
Expert:  Asad Rahman replied 8 months ago.

Logistically yes, because at some point he will need to travel to Florida for a hearing. He needs to register the California order in Florida and then ask the judge to enforce his visitation rights.

Customer: replied 8 months ago.
What is that? How do you register a CA order in FA? Does he have to go to family Court in CA? Or in FA?
Expert:  Asad Rahman replied 8 months ago.

I am assuming he has a current California order that gave mom custody and him visitation rights. You file what is called a motion to register a foreign order and attach the California order. Then you file a motion to enforce. All of this is in Florida family court.

Customer: replied 8 months ago.
They dont have any legalities involved. They had a verbal agreement because they agreed that they didn't want to put Jadah through the drama of family court. But now I think he has to.
Expert:  Asad Rahman replied 8 months ago.

Oh ok. Then no need to file the motion to register. He actually has to file in Florida family court. He will have to pay child support. but can ask that visitation be ordered.

Customer: replied 8 months ago.
Do you know what the amount of child support is based on in FA?
Expert:  Asad Rahman replied 8 months ago.

Here is an overview of how it is calculated based on net income.

there is a state agency that can help establish and file all of this free of charge.

Customer: replied 8 months ago.
He used to just send her about $300 a month but he stopped because she was spending it on herself instead of Jadah and things she needed.
Expert:  Asad Rahman replied 8 months ago.

I understand but judges will expect one to be current on child support if they are going to grant visitation.

Customer: replied 8 months ago.
Do you know if he would have to make a balloon payment for not giving her money for so long?
Expert:  Asad Rahman replied 8 months ago.

Possibly, but she never sought to enforce it so she may have waived some of her rights to collect some of it.