Legal Question in Family Law in Florida

My son is 12 and has not seen his father since he was 14 months old. His father has not tryed to be a part of his life and has run away from child support for many years. I have been living with my boyfriend for over 9 years, my son thinks of him as his father. My question is...if I should die can my boyfriend continue to take care of him? What if we both died at the same time, how would his guardianship be determined? He is not comfortable with the idea of being sent to live with his biological father who he does not know. This is a concern my son brought up to me.


Asked on 1/05/10, 4:19 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If you died, the biological father has prioity on the custody issue. You might get married and then have you husband adopt your child -- although he may not want all that responsibility.

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Answered on 1/10/10, 5:22 pm


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