Legal Question in Family Law in Florida

Re: Custody of illegitimate daughter

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is simply not enough information here for any attorney to give a valid opinion or any advice. A court will listen to a party who files a motion and make a determination in the best interests of the child after reviewing all of the testimony and and evidence presented. Stating that she is "not giving the child all the care she should get" does not say whether or not the child is being neglected or abused or anything else that would indicate that the mother is unfit. Your son should meet with an attorney and review all the facts with said attorney. The attorney can then advise him of his legal rights and responsibilities.

Scott R. Jay, Esq.

Re: Custody of illegitimate daughter

He can try. An attorney could only give an opinion after getting all the facts in a long consultation in person. If he is really interested, you must see an attorney.

Re: Custody of illegitimate daughter

He can file. Whether he wins is up to a judge.

A change of custody is not something a court takes lightly. There must be a substantial change of circumstances that would warrant it. If she is found to be unfit or incapacitated, then maybe?

He needs a lawyer to guide him through this. He can flesh out the details when he consults the lawyer