Legal Question in Family Law in Florida

Shared Custody

Can a single parent, willingly sign a piece of paper admitting shared custody of a minor child,to someone who they were not married to or related to?Does shared custody have to be approved by a judge in all cases? My daughter says she has signed a piece of paper with the lady that watches my grandaughter giving her shared custody, the lady watches my granddaughter full time and my grandaughter stays overnight at this ladies house . I am the grandmother and live out of state. Please tell me what can be done or am I worried about nothing.


Asked on 4/12/07, 7:30 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Shared Custody

Custody cannot be legally transferred without two things: (a) notice to the other parent, and (b) a Court Order. Without those things, the custody transfer is not really legal or binding.

However, a custodial parent can leave the child with another person as much as he/she wants to, until and unless someone (typically the other parent) files an action in Court to stop it or change custody.

You ask what can be done, but you don't really say what it is that you want to accomplish. You could try to get custody of the child, but it is difficult to take custody from a biological parent in most situations. However, if you think that circumstances warrant such an action, you may want to consider that option.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 4/12/07, 9:06 pm


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