Legal Question in Family Law in Florida

leagal guardingship

5 years ago I gave my mother guardingship of my son so he could be put on my fathers health insurance. Shortly after that i moved out with my son and have been his sole parent and i support him fully with help of child support. 3 days ago my mother decided to use the legal document and take my son from me. she is demanding that i give her half my child support or she will have me arrested for fraud what are my legal rights.


Asked on 12/29/03, 10:00 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: leagal guardingship

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I handled a similar case. If your mother has taken this action, the only resolution is to go to court and petition to end the guardianship. If you are the natural mother, the court will try to ensure that the child is returned to you legally.

This is a very serious legal matter. I strongly suggest you consult with a family or guardianship attorney who can review your situation and help you achieve your goals.

Scott R. Jay, Esq., 305-249-8000

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Answered on 12/29/03, 10:56 am


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