Legal Question in Family Law in Florida

can a step father take their step daughter while the mother is away at military training without the biological fathers consent and no legal documents between the biological mother and father of custody of that child?


Asked on 10/27/09, 5:11 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

The law really doesn't have an answer to that question. If the biological father hasn't established his fathers' rights through a paternity suit, I suppose he couldn't object to the step-father having temporary custody. If the biological father file for paternity, though, the biological father would get custody, at least until the mother returned, and the biological father could take the child from the step-father, if he wanted.

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Answered on 11/01/09, 10:22 pm


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