Legal Question in Family Law in Florida

Complicated Custody Situation

I am engaged to a man with an 11 year old daughter. She lives with him and has done so for at least the past 3 years consistently. Her mother, as far as we know, has full custody. However, we would like to have custody. The BIO mom does not want to take care of her. She does not want her living with her. She barely even talks to her, except maybe 5 or 6 times a year. Also, right now she is in rehab, for drugs I think, as she has had issues in the past with drugs. We are scared though that if we pursue custody, she will fight it viciously. I think it is due to these reasons: one-she does not want to pay child support, and two-she does not want US to have custody. Another issue is that we will be living in Minnesota, the daughter included, and BIO mom lives in Florida. Custody is established via Florida. So, we are unsure as to where we would need to file papers for custody.

Any advice would be appreciated!

Thank you so much!


Asked on 5/13/03, 1:35 am

2 Answers from Attorneys
Michael Paul Cundy & Paul, L.L.C.

Re: Complicated Custody Situation

You need to be in Minnesota for at least 6 months to file for custody here. It also helps to know where Mom is for when we want to start the Court action. Please feel free to call me if you want to have a free initial consultation. 952-746-4111

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Answered on 5/13/03, 10:47 am
David Kelly-952-544-6356 Kelly Law Office

Re: Complicated Custody Situation

The short answer is that if you must move to Minnesota, consult with a lawyer here after you get here concerning how to change custody. I just took a look at the Uniform Child Custody Jursidction Act (which interestingly has been passed in MN but not in FL). It seems to say that MN has jurisdiction in your situation after you have been in MN for six months.

I am really concerned about the accumulation of child support owing to your intended's X. Under MN law it accumulates until a court order stops it, and it's really hard to get it forgiven retroactively. If there is retroactive forgiveness of child support in FL, that would be a reason to proceed there before you leave.

One more comment: You haven't married this guy yet and you are already asking his legal questions for him. This bodes ill for your relationship.

Good luck.

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Answered on 5/13/03, 10:59 am


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