Legal Question in Family Law in Florida

Asking for my husband

My husband has a child with a women he had a one night stand with. The child will be a year old. This lady does not have a stable life or income. She lost her job and lives in a hotel. Is it possible he could get custody of his child.


Asked on 10/05/07, 5:07 pm

4 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Asking for my husband

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.

He has equal rights as the mother does. If he is interested in seeking to be the primary residential parent, he will have to file suit with the court asking for a determination. The court will look to whom has been providing the most care and fulfilling the parental responsibility up to this point. The judge should also try to protect the minor child and do what is in the best interests of the child. He should show the stability of his life, what the home life of the child

would be if living with him in a two parent household, let the court know if the child would have his own room, whether or not there are other siblings to play with, and all other factors that might influence the court's decision.

Scott R. Jay, Esq.

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Answered on 10/07/07, 11:04 pm
David Slater David P. Slater, Esq.

Re: Asking for my husband

Does he pay child support. Does he have visitation. Is child cover on his medical or life insurance? Without further info, no one can answer properly.

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Answered on 10/05/07, 7:16 pm

Re: Asking for my husband

In Florida, either parent is entitled to custody. It would take going into Court and see what is in the best interests of the child. See a local attorney where you live. That attorney will have the best perspective on it.

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Answered on 10/06/07, 12:54 pm

Re: Asking for my husband

In Florida, either parent is entitled to custody. It would take going into Court and see what is in the best interests of the child. See a local attorney where you live. That attorney will have the best perspective on it.

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Answered on 10/06/07, 12:54 pm


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