Legal Question in Family Law in Florida

Custody / being release in the custody of

There is no legal custody agreement for my Grandson between his mother and father. Recently my grandson was in trouble and in the detention center, he was released to his mother's custody. Does that mean she has legal custody - he lives with his father??


Asked on 11/24/08, 9:34 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Custody / being release in the custody of

If there is no court order or DCF order describing who has custody, then they both have custody.

However, if the mother and father have never been married, and there has never been any court action between them (including child support orders), the mother automatically has custody.

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Answered on 11/24/08, 2:11 pm


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