Legal Question in Family Law in Florida

custody of child when parents are not married

my son his girlfriend and 2 yr old are living with me and have been since the baby was born, he would like to get primary custody of the baby, he works but the girlfriend does not work and has not worked since before the baby was born, she contributes nothing to the living expenses of the household and has had ongoing medical problems that when she gets sick she is unable to care for the baby and has to go stay at her mothers home or have her mother come to her, the child is now at the maternal grandmothers where no one in the household has an income, and i am concerned about the welfare of the child and would like to know what can be done for him or myself to obtain custody


Asked on 7/09/08, 1:13 pm

1 Answer from Attorneys
Alicia Santana Torres Santana Torres Law Offices, PL

Re: custody of child when parents are not married

Your son would need to file a Paternity action to establish himself as the Father and the court would decide with whom the child should reside and what time-sharing or visitation rights will be given to the other parent. You are unlikely to be given custody, it will be Mom or Dad since both are basically fit. The court may, however, view the fact that you reside with and are supportive of your son as a factor in his favor.

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Answered on 7/09/08, 1:22 pm


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