Minor Children Support & Visitation

by Kim from Kentucky

My husband and I have lived in Kentucky for over 3 years now, and we have 2 children ages 5 & 4. My husband left in January and went back to Florida and I did not want to leave KY so he just left.

It has been since the first week in January since he has left us and has not paid anything to me for our 2 children, I live with my in-laws and they help support our 2 children.

My husband now wants our 2 children to visit him in Florida for the summer which I am refusing for them to go out of state.

My question is do I have to allow this? We are not legally separated or divorced and there is no custody or support agreements in the court as of yet.

Answer to Florida Child Visitation Question

Dear Kim,

You do not have to be divorced to request child support.

You can request support by filing Form 12.904(a), Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Children.

The instructions for this support form state:

This form may be used to ask the court to enter a support order if you and your spouse are separated, and your spouse has the ability to contribute to you and your minor children, but has failed to do so.

You can only use this form if a dissolution of marriage has not been filed and based upon the time-sharing schedule, you are entitled to support....
If you do file this form, you will need to address time-sharing. You can do this with a proposed Long Distance Parenting Plan, Form 12.995(c).

Although it is not required, you might also choose to file a UCCJEA Affidavit along with this Petition.

The UCCJEA is a federally mandated form which establishes the jurisdiction of child custody. By filing that you will have taken a step toward establishing Kentucky as the children's state of legal residence.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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