Legal Question in Family Law in Florida

guardianship

How do I assign custody of my child to someone other than the biological father if I am not married and/or something happens to me?


Asked on 12/06/07, 7:43 pm

3 Answers from Attorneys

Re: guardianship

There is no assignment of a child. You did not mention the age of the child, but, in limited circumstances a child may state a preference with whom he/she wishes to live. You need to go to Court.

There must be some underlying reason, you don't want the father to have contact/custody of his child? If he would fall into the "unfit" category, then you may get a Court to side with you. Hire an attorney in your county to help you.

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Answered on 12/07/07, 11:18 am

Re: guardianship

There is no assignment of a child. You did not mention the age of the child, and, in limited circumstances a child may state a preference with whom he/she wishes to live. You need to go to Court.

There must be some underlying reason, you don't want the father to have contact/custody of his child? If he would fall into the "unfit" category, then you may get a Court to side with you. Hire an attorney in your county to help you.

Read more
Answered on 12/07/07, 11:19 am
Scott R. Jay Law Offices of Scott R. Jay

Re: guardianship

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.

You cannot. Only the court has the right to award custody. While you may leave a formal notice of your intentions in your will or some other writing, despite any instructions you may leave to the contrary, the natural father will have the primary rights to the child as the child is his as well as yours.

Scott R. Jay, Esq.

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Answered on 12/06/07, 8:49 pm


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