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  1. #1
    Join Date
    Aug 2016
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    163

    Default Does a Child Support Order Imply an Award of Custody

    My question involves a child custody case from the State of: FL

    Could someone help me understand how/if this statute applies? FL 742.031 (2) states
    (2) If a judgment of paternity contains only a child support award with no parenting plan or time-sharing schedule, the obligee parent shall receive all of the time-sharing and sole parental responsibility without prejudice to the obligor parent. If a paternity judgment contains no such provisions, the mother shall be presumed to have all of the time-sharing and sole parental responsibility.
    If the state on behalf of one parent receiving public assistance petitions the court to establish a support order only[there was no need for a court adjudication of paternity since previously established by paternity acknowledgements], does the judgement/order of support imposed on one parent constitute an implied award of custody when there was technically no judgement of Paternity to accompany it?

  2. #2
    Join Date
    Jun 2010
    Posts
    671

    Default Re: Does a Child Support Order Imply an Award of Custody

    Since you were not married, Mom's always had sole custody.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Does a Child Support Order Imply an Award of Custody

    That particular paragraph only speaks to the effect of a judgment of paternity. If this is a stand alone support order the paragraph would not seem to apply since paternity was already established and presumably the father has had his opportunity to move in the courts to seek whatever custody/support he wished to seek.

  4. #4
    Join Date
    Aug 2016
    Posts
    163

    Default Re: Does a Child Support Order Imply an Award of Custody

    thank you

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