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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11798
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I separated when our child was six months

Customer Question

My husband and I separated when our child was six months old, he attempted to give her up for adoption to avoid child support, I was granted soul custody and soul guardianship with 2 hours of supervised access per month, the child is now 5.5 years old, does not have any relationship with her father, he has not seen her in 3.5 years and has recently requested a visit. Are we obliged to fulfill this visit? Given zero child support, less then one full day spent with the child in the last five years, the history of abuse to the child and I, if he takes the matter to court do you feel he will be granted access to the child?
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.


I can give you an answer based on Florida law as I am a practicing attorney in the State of Florida in the United States.

Here, the payment of child support is separate from the right to visitation. Whether or not the parent requesting visitation has paid child support, they are entitled to visit with the child.

Also, regardless of how much time has gone by since the last visit, the parent does have the right to visit the child.

You are not obliged to permit him to see the child. Also, the child is older now and, if she does not want to see her father, does not need to be forced to.

The father is always free to take the matter to court. However, this will cost him time and money which is typically a deterrent (especially for a father who has not seen his child in the last 3 and a half years. He also may not want to take it to court because then the lack of child support issues will also be introduced.

In summation, you are not forced to allow the visit, but you do run the risk that the father will take you to court over not allowing him to see his child (although this seems unlikely here given the totality of the circumstances).