Legal Question in Family Law in Florida
child guardianship
I am a single mother and the father has not been in her life at all, does not pay support ask to see her or even return my calls,My question is this. If something should happen to me, where would my baby girl end up, can i appoint someone guardianship.(legal custody) of her without his concent. Or does he have to be involved in the process?
1 Answer from Attorneys
Re: child guardianship
Parents can appoint guardians for their children in a Will or a Trust. It is wise to do so, as the Court will give preference to your appointment. However, the Court always makes the final decision, even if Mom and Dad agreed. In a situation as you describe, the Court will typically look for the Father and if he expresses a desire to have the child AND is found fit to be a parent, then he will most likely be given custody. Paying child support has nothing to do with other parental rights; you should consider filing and seeking support from him now. Your parents, if alive, also have visitation rights which Father will have to honor if he is given custody. If you want assistance creating a will or Trust which appoints a guardian or seeking child support from the Father, please call our office.
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