Legal Question in Family Law in Florida
child custody
12 yr old lost military mom. mom made out custody papers for aunt before having surgery to take child to keep her in her environment & school. Less than 2 wks later after funeral dad come from another city & takes child. Child unhappy & wants to come stay back with Aunt. Aunt had her in counseling after funeral, now she's not receiving any and is where she don't know many people. Mom used to let Dad get her 1/2 summers and some holidays after divorce even though he never spends time with her, he gives her to his mom. Her mom always kept child when she went overseas in Military, Dad never tried to spend any extra time with her nor take care of her while mom was away. Didn't like paying chid support & sometimes gave mom $26.00 just for spite. What are the rights in this situation re: childs welfare ? When took by dad her school life, dance class , counseling , etc were disrupted. tried to get him to let her stay til school was over in June. Last Will & Testament notarized before mom had surgery for Aunt to take care of child was that a legal enough document to keep child until they could take it to court ?
1 Answer from Attorneys
Re: child custody
Aunt would have to petition court where child is for custody. Not an easy undertaking.