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Can I get full custody of my 10 months old daughter, after her father abandoned her when she was 6 weeks old?

Pompano Beach, FL |

My husband abandoned me and my 6 weeks old baby for another woman. Haven't hear from him for weeks. Now he wants to see the baby, I won't allow him until we go through the divorce. He can get visitation after the divorce. Is it legal to keep the baby away from him until then? I don't receive any support from him what so ever. and also can ask for back child support?

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Attorney answers 4

Posted

If you are married, then he has as much right to the child as you. Not allowing him to see the child until after the divorce is probably not a good idea, will not look good to a judge, and is most likely not in your daughter's best interests. You are able to ask for child support going back to the date of your separation.

Posted

you have to bring a petition to Court for that, but depending on the state law, yes you can.

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Posted

The Father has equal rights to his daughter. If you interfere with his ability to share time with his daughter he will have a claim of parental alienation against you. Judges do not look upon this fondly. Consult with a family law attorney. Your daughter also has the right of child support, and shared medical expenses dating from her birth 10 months ago. An attorney can help you get the arrearages owed to you.

** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: kmunzerlaw@aol.com , Tel: (786) 501-6655

Posted

You have no right to keep the baby from him. Until a court says otherwise you have equal rights to the child.

Elizabeth Jones Esq
20 Corporate Park. Suite 175
Irvine California 92606
714-973-7904
www.oc-divorce-attorney.com.