Legal Question in Family Law in Florida

If mother dies without a living will, and the father is a dead beat who has never paid child support and lives out of state, does the father still have parental rights of the minor?


Asked on 9/15/10, 6:27 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

A living will is for someone who is dying and authorizes whether or not they want nutrition or not. As to a dead beat dad, the father is the father and if the child is a minor, then the father has rights to the child. If your mother left a will and named guardians in the will, you may have a viable case for the court in that the dad was not in communication with the child and that the best interest of the child would be best served by abiding by the guardian request of the deceased mother. This is not to say the court will abide by this but would be a good case in favor of the guardians. Just because a father does not pay child support does not necessarily mean that he does not have other communication with the child - obviously he does or you would not know where he was at.

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Answered on 9/20/10, 7:48 am


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