What are my chances of recieving sole legal or physical custody?

My daughter is 5 years old and she has only seen her father 5 times in her life. We have established paternity and have also done established child support. He has only sent me one child support check in the past year and 4 months approximately.

Asked on November 2, 2011 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Have you also an established visitation plan in effect?  Doe she see his daughter at all?  You can take him back to court for the child support - for the arrears and for the enforcement.  If there is no official custody or visitation order in effect and you and the father have never been married then you are the legal guardian of the child.  But that is not to say that he can not petition the court for joint custody and for visitation as well.  That does not mean that you will lose physical custody of your child, as you can still request to be the "custodial parent".  I would strongly suggest consulting with an attorney on this matter.  Good luck to you.

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