Custody and name change inquries

if i filed for child support can the father file for custody? and if so how can i get the judge to approve supervised visits instead of non supervised visits. I have a criminal background from 4yrs ago but nothing with children, will that sway a judges decision even though im a good mother to my son? how can i get my son's last name changed back to mine even though his father wont consent. and right now even though the fathers name is on the BC (no dna has been done) do i have the right to restrict visitation without a custody hearing?

Jacksonville, FL -

Attorney Answers (3)

Brent Allan Rose

Brent Allan Rose

Child Custody Lawyer - Tampa, FL
Answered

If you filed for child support, you are at least asserting--though not confirming--that he is the father, so he has the right to file for timeshare ("custody"). Actually, he has that right whether you file for child support or not. If there is a very serious reason why the father should not be alone with the child (like maybe he is a child molester), then you may be able to convince the judge that the father should have supervised visits, but the reason has to be extremely serious. Your background may sway the judge, but it depends on what your conviction was for. If you and the father argue over your son's last name, the judge will likely hyphenate your two last names. You have the right to restrict the father's visits, but talk to a lawyer before you do. restricting visits can be used against you as it will look like you can't act as a co-parent.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
Andrew Michael Bonderud

Andrew Michael Bonderud

Litigation Lawyer - Ponte Vedra Beach, FL
Answered

I agree that, to some extent, you seem to be attempting a "double-dip". On one hand, you want the benefits (e.g., child support payments) of this man being the father, but you don't want the burdens (e.g., allowing the man to spend time with you son) of him being the father.

Did you file for child support with or without an attorney? A local attorney would be able to help you navigate the web of rules and laws that govern family and domestic relations. It would likely be a good investment for you, since there's so much at stake.

Best of luck.

Sincerely,
Andrew M. Bonderud, Esq.
The Bonderud Law Firm, P.A.
904-438-8082

Andrew M. Bonderud, Esq. is an attorney The Bonderud Law Firm, P.A. He offers free consultations 24/7. You can... more
Robert Jason De Groot

Robert Jason De Groot

Family Law Attorney - Deltona, FL
Answered

Yes the father can file for custody and yes a criminal history can have an affect on the outcome of the case. Consult with an attorney, and before you do, read the provisions of Florida Statutes 61.13(3). These are the factors the court uses in determining what should be done.

R. Jason de Groot, Esq., 386-337-8239

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.