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Question: Divorce, Marriage, Alimony - Florida

Asked on 9/15/2009
in florida what are the chances of my ex boyfriend getting custody of my baby, after she is born?
My ex boyfriend left when he found out i got pregnant. Now he found out how much he has to pay in child support. so now hes trying to get custody so he wont have to pay. Can he get custody?

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Answers (2):

B. B., Member in Good Standing of the New Jersey Bar


Not unless you've neglected or abused your baby, or if there's some well documented reason to think that you might be a danger to her.  Most states no longer follow the "tender years" doctrine that automatically favored the mother for very young children, but the bottom line is always the best interests of the child, and family court judges know that any change is hard on a child, so they don't order a change of custody without a very good reason.

The fact that he's got more money than you do isn't a good reason, it doesn't come into play at all -- except that his child support is based on his income.



  • Answered on 9/15/2009
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What you need to do is file a Paternity action to establish him legally as the biological father, and then establish the child support and an appropriate timesharing arrangement. As the biological father, he will have rights, but unless you have had serious legal or psychological or drug or alcohol issues, there is no reason why he would have custody of the child. He may be entitled to frequent and regular contact with the child, but so will you, and courts understand that young children need their mothers.

My office offers free initial telephone consultations if you would like to discuss your matter in more detail, as well as your potential rights and options. If you would like to schedule a free consultation, please contact my office at 407-971-6140.



  • Answered on 9/15/2009
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