Legal Question in Family Law in Florida

Child Custody Questions

I have legal custody of my son who is 7yrs old, I agreed to let his father raise him and have him live with him since the age of 2yrs old. Now he wants full custody and I am not in the position to fight him and don't want to fight. He asked me months ago if his Fiance could adopt my son and I said NO, of course, and now this. He said at first it was to take the burden off of me because they have plenty of money to care for him, I didn't buy it, so he said the truth was that his Fiance and him have been fighting over the subject of ME and she will feel better if he has full custody. Am I missing something or can they keep me out of my sons life if he has custody? Can she adopt him without my consent if he has custody? Is there anything I can do to protect my rights as his mom? Since we were never married can we file for Joint or Shared custody? What are my options?


Asked on 1/23/07, 2:07 am

1 Answer from Attorneys
Marie-Anne Oatley

Re: Child Custody Questions

First of all, she cannot adopt your child without your consent. Second, we have to distinguish between legal custody and primary residential care. You both have legal custody,which means that you make decisions for the child jointly and are both responsible for his welfare. It sounds as though the dad has residential custody, which means that your son lives with his dad and you have a visitation schedule. Depending on the custody agreement you now have (assuming you have already gone through the process once) you may ask for modification if there are substantial changes in circumstances. But, unless you are an unfit parent, you are entitled to visitation, at least.

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Answered on 1/23/07, 9:28 am


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