Legal Question in Family Law in Florida
Child Custody
I want to complete a Will. I am a single parent and want my brother or best friend to take care of my son in case something happens to me. What can I do to ensure that this happens and that my son's father does not get custody?
His father sends a check once a month, but plays no other role in my son's life. This is his choosing.
Thank you.
1 Answer from Attorneys
Re: Child Custody
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.
As long as the natural father is alive, he will have the ability to exercise his right to be the custodial parent for the minor child if you predecease him. You have no legal right to take the father's rights to his child away.
The Court may take your wishes into consideration, but the natural father's rights are paramount to any third party including grandparents.
Scott R. Jay, Esq., 305-249-8000