Legal Question in Family Law in Florida
Are they Hers, Mine or His?
My spouse has 2 children from previous marriage. Mother has not seen children in 10 years, since they were 1 and 2. I have been a part of their lives since they were 3 and 4. I have not adopted them.Their father and I now have 2 additional children. Mother continues to pay minimum support with no additional contact. She now lives in another state and has since remarried. In case of spouse's death, what happens to the older children? Do I have claim/custody of these children keeping their best interest or do they automatically go to the woman that they don't know? Please help. Due to recent death in immediate family, the children are concerned as to ''what would happen if...?''
2 Answers from Attorneys
Re: Are they Hers, Mine or His?
Adding to the prior answer have you thought of adoption? This would avoid any potential problem. Good luck.
Re: Are they Hers, Mine or His?
Pursuant to current Florida law, the former spouse would be entitled to be the custodial parent of the children as she is the natural mother whose rights would be paramount to yours. She would be able to deny visitation and you would have no standing in Court unless you can show that it would be in the absolute best interest of the children.
The longer the present situation exists (and the older the children become), you may have some rights in the event of your spouse's unfortunate demise. As the children near adulthood, their opinions may carry some weight with the court although Florida law does not address that issue. I strongly suggest that you meet with a local family attorney to discuss this situation and review your options.
Scott R. Jay, Esq. 305-249-8000
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