Legal Question in Family Law in Florida

Re: What can I do to insure my kids go to my friend?

You can state your prefrence in your Will. The Court is not bound by it but will certainly consider it. However, your daughter's father will receive custody of your daughter, unless there is some reason why he is unfit.

Re: What can I do to insure my kids go to my friend?

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 can make a provision in your will stating your desires in case you should pass away. The State of Florida will listen to your request but it is not bound by it. Oftentimes a decedent's wishes are followed.

In the case of your daughter, her father will have rights superior to anything you say in your will unless he has been declared by the State to be an unfit parent and rights to custody have been taken away from him. If he decides that he wants to have custody, then he will all but automatically have it under Florida law.

Scott R. Jay, Esq.