Legal Question in Family Law in Florida
My daughter is filling for divorce next month. They have a daughter together who turns 2 tomorrow. Her husband/ child's father, left a little over a year ago to another state and doesn't pay child support or even call to ask about his daughter. He has agreed to the divorce and to give up his rights to their daughter. Can a father terminate his parental right if both parents agree in Florida? Also, can my daughter write up a will, in case anything was to happen to her, leaving us with custody of her daughter?
2 Answers from Attorneys
Custody is not determined by a will.
yes to the first question and as to the Will, your daughter can certainly name you as the preferred guardian for her child. with the bio dad no longer having any rights to the child (if he gives them up and the court accepts) then there should be no problem.
Just be aware that this could end up in a grandparent dispute in the event the other set would like custody.
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