Legal Question in Family Law in Florida

custody

A relative of mine, is going to file for custody of my daughter, My daughter is taken care of, fed, clothed, roof over her head, stable living. I am a single parent, as her mother passed away. I live with other roomates as well, will that hurt my chances in any way? The relative will claim that she can take better care of my daughter than I do. If I go to court what will I have to prove, to keep my daughter? What will my other relative have to prove to get my daughter taken away from me. I am a good man, work hard and I as well as everyone else loves and takes care of her. I need to know what I need to prepare for.


Asked on 12/30/07, 11:32 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: custody

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.

As the natural parent, all you have to prove is that you can provide a loving home with a stable environment for your daughter. The other party has no rights to your child. The courts in Florida have consistently held that a natural parent's rights are superior to any other party and will not be disturbed unless it is shown that if the child continues to live with the parent it will be unhealthy or dangerous for the child and not in the child's best interests.

Scott R. Jay, Esq.

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Answered on 12/30/07, 11:21 pm


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