Legal Question in Family Law in Florida

The father of my child signed over power of attorney of our daughter to non relative. Do I need to petition for custody from father or custodain? I had custody order with father giving father custody and me visitation. He gave me problems seeing her then I lost contact and he moved without notifying me. He also did not notify me when signing power of attorney over. Now after 10 years I have found my daughter when custodain filed for child support I have had contact with her for almost a year now have visits with her but I want her back since the father is not in her life at all and she isnt even with a relative. I need to know wether to file against father or custodain. The father is no where to be found.

Would there even be a chance the non relative would keep her? She has no medical insurance for my child and is not a stable environment. Switched schools 3 times in one year because of moving. Is there any motion to file to try and get temp custody till this gets worked out so she doesnt have to switch schools after it starts?


Asked on 8/07/11, 6:24 pm

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Your inquiry is unclear. You should take whatever documents you have relating to dissolution of marriage, marital settlement, child custody, visitation agreement, and other court orders to a family law attorney for consultation. A parent with custodial rights cannot merely sign over such parental rights to another person. A parent cannot assign such rights through a POA. Perhaps you have not accurately described the situation. The age and locationof your daughter and the quality of her care and support are relevant. Yes, you may petition a family law court to investigate and award custody in the best interests of your daughter.

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Answered on 8/07/11, 6:54 pm


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