Legal Question in Family Law in Florida

How do we get proof of gaurdianship?

In 1996 my wife was living with her boyfriend. They were never married and she gave birth to a son. About 6 months after his birth he became re-addicted to drugs and alcohol. One night after he came home drunk and began throwing things at her and she left with the child. He began to harass us. He threatened to burn our house down and ''knock her teeth down her throat''. We decided to leave the state (Georgia). Before moving we went to a lawyer and he told us that we did not need any proof of custody or permission to move. Now we find out that in order to enroll the child in school we need proof of custody if both parents do not live together. How do we get proof if no court order was ever persued. The father is on the run and wanted in 2 states(Georgia & Florida) We have not heard from the father for 4 years. Nobody knows where he is. His Father (child's grandfather) would want to visit the child but would never return him. He has a history of disappearing. The childs father has been in prison for stat. rape and other charges. What can we do? How can we get his rights terminated without his family being involved? How can we get custody? Did we do anything wrong by moving?


Asked on 5/30/02, 7:07 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: How do we get proof of gaurdianship?

The facts of your situation as presented are not clear. The mother clearly has custody of the child. If you wish to adopt the child, you should file a petition for adoption. Since the father is in prison and has not supported the child, adopting the child should not be difficult. You may wish to consult with a local attorney re adoption or contact the local Dept of Children & Families who can advise you on adoption. If the father will not consent, you can still ask the court to approve the adoption based on the argument that adoption is in the best interest of the child, which appears to be true. Incidentally, your statement that the school is insisting on proof of cusody since the parents don't live together sounds peculiar. Many single unmarried mothers don't have "proof of custody." But the children go to school. The mother's name is on the birth certificate so she is assumed to have custody unless it can be shown that she does not have custody. You may want to pursue this issue with the school; it doesn't appear to be a legal basis for denying a child the right to go to school.

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Answered on 5/30/02, 10:40 pm


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