[FL] What custody and child support rights does an unmarried mother have when leaving an alcoholic partner?

FL Family Law

Charlie

23,758 satisfied customers

View context

Solved

Here is some information to help (general information only, not legal advice):

1. Custody: If he’s drinking, unstable, unpredictable, or unsafe around the kids, that weighs heavily in your favor. Florida courts look at who can provide a safe, consistent environment. If you’re the one doing the parenting and he’s an alcoholic, the court will take that seriously. You don’t need to be perfect—you just need to be the safer parent.

2. You can get child support even though nothing is in your name: Child support has nothing to do with marriage or property. It’s based on:

his income (FL Stat § 61.30(2)(a))
your income (even if it’s zero)
the parenting time split

Because you don’t work and he does, child support would almost certainly be significant. In many cases like yours, it can range from several hundred to well over a thousand per month depending on his income. You don’t need to be married to get it. You just have to file.

3. You can file once you have your own address: You’re doing the right thing by saving money and preparing to move out. Once you have your own place, you can file for:

custody (called “timesharing” in Florida)(FL Stat § 61.13 (2025)), and
child support

You don’t need a lawyer to file, though having one helps. The court will move forward regardless of his cooperation.

4. About the car situation—you’re not stuck: Leaving without a car is hard, but legally it does not affect your right to custody. Housing and the children’s needs are what the court focuses on, not who owns the vehicles. Once child support starts coming in, that will help stabilize things financially. You may also be able to get temporary support after you file.

5. Your separate marriage does not take away your parental rights: It’s not ideal, but it also isn’t something that prevents you from asking the court for custody or support. The court is looking at your relationship with the children and their father, not your unrelated marriage.

6. You don’t need his permission to leave: You are free to take the children with you to a safe place, especially when you are the primary caretaker. As long as you stay within the state and notify him of the children’s location, you’re not doing anything wrong.

7. Once you move out, here’s your next step:

File a Petition for Establishment of Paternity, Timesharing, and Child Support in your Florida county.
That starts the child support process.
That gives you temporary custody orders.
And it legally puts everything in motion so you’re not doing this alone.

PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF

Full Conversation

I’ve been in a relationship for 15 years. We are not married. We have 2 kids (9 and 4). Everything is under his or his company name. I understand because I’m not his wife, I won’t get anything. He is an alcoholic. I decided to leave (finally). I was stashing money so I will be able to pay rent for 6 months ahead and I’ll have a place to stay for me and the kids.

One of the biggest problems is that the cars are his, so I don’t have a car.

Can I have almost 100% custody in this situation? How much child support can I get? Do I have any rights?

There is one more thing—during this relationship I got married for a purpose I can’t say out loud. It didn’t work. So I’m still married to someone I have zero contact with. I feel hopeless, but I know I have to leave.

Lexi, Chatbot

I understand how difficult and overwhelming your situation must be. Have you already discussed your plans to leave with anyone, such as a trusted friend or family member?

Yes, a friend.

Lexi, Chatbot

Are there any existing legal documents or agreements regarding custody or support that you are aware of?

No.

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your custody concerns.

Yes.

Charlie

Hello, my name is Charlie, and I am a licensed attorney. I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today.

DISCLAIMER: This conversation is for general informational/educational purposes only; no attorney-client relationship is formed; we are unable to offer representation/legal advice of any kind; always speak to a local attorney for case-specific legal advice; and I am not holding myself out to be certified or an expert in any particular area of law. Please allow me a moment to review your question, and I will be right with you.

I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and provide you with the information that you need. Let’s work together to find the right information for your situation.

Which state do you live in?

Thank you, FL. I didn’t realize it is so late and I need to pick the kids up from school soon. How can I stay in touch with you? I have 10 minutes now.

Charlie

You can just come back to this chat when you have time.

Ok.

Thanks!

Let me know what my options are in this situation.

Charlie

I understand you're in a tough spot. Let's start by understanding your situation better. Have you already moved out, or are you planning to do so soon?

I’m planning. I can’t do it without custody and child support papers ready.

Charlie

You would not be able to file for custody or child support until you live at a separate address.

Is the father listed on the kids' birth certificates?

Thank you for that info. I want to rent a place and set it up for us so I will have an address. He is.

Charlie

Do you work currently?

I don’t.

Charlie

Understood. Let me provide some information to help.

I am sorry to hear of this issue.

Charlie

Here is some information to help (general information only, not legal advice):

2. You can get child support even though nothing is in your name: Child support has nothing to do with marriage or property. It’s based on:

his income (FL Stat § 61.30(2)(a))
your income (even if it’s zero)
the parenting time split

3. You can file once you have your own address: You’re doing the right thing by saving money and preparing to move out. Once you have your own place, you can file for:

custody (called “timesharing” in Florida)(FL Stat § 61.13 (2025)), and
child support

You don’t need a lawyer to file, though having one helps. The court will move forward regardless of his cooperation.

7. Once you move out, here’s your next step:

File a Petition for Establishment of Paternity, Timesharing, and Child Support in your Florida county.
That starts the child support process.
That gives you temporary custody orders.
And it legally puts everything in motion so you’re not doing this alone.

Before everything, I will TRY to convince him to buy me a car, nothing fancy, and put it under my name.

Charlie

Understood.

He’s currently selling a flip house. I’m waiting for that sale, and then I’ll ask—at least a car.

Charlie

I understand.

Charlie

23,758 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Legal Eagle

Attorney

4.79 (133,377)

[AK] Can I change my child’s school and custody residence during a pending custody case without the father’s consent?

Answered 3 weeks ago

Richard

4.26 (76,546)

What legal steps should I take to separate from my spouse if we are separated but still living together?

Answered 3 weeks ago

Queeneth E. Esq

Commercial Contracts Attorney

4.61 (5,738)

[TX] What legal forms do I need to manage and prepare for my mother’s early-stage dementia?

Answered 3 weeks ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.