Legal Question in Family Law in Florida

Rights of a Step Parent

I am getting married in February 2007 and I have an eight year old child. I am the primary residence for my child and have him at least 85% of the time. I am wondering once we are married, if something should happen to me, how does my husband (my child's step-father) figure into everything. My child's father has visitation, but currently (for almost year now) his parents have my son every other weekend and my son's father hardly sees him at all. I need to make a will up and I am wondering if I leave mine and my husbands wishes of still having primary care for my son if that holds up or not. Thank you!


Asked on 11/28/06, 11:51 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Rights of a Step Parent

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.

As a general rule, the simple answer is No. The natural parent has a preference as the custodial parent over anyone else unless it can be shown that there are reasons to find the individual an unfit parent. The child's best interests are taken into consideration but almost always, the child will live with a natural parent despite any instructions to the contrary you may leave in your will or other instrument.

Scott R. Jay, Esq.

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Answered on 11/28/06, 8:08 pm


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