Legal Question in Family Law in Florida

I live in florida I have had my kids for the last 2 years since there mom left. Can I be awarded custody automatically since they lived with me all this time? She currently gets social security for one of my sons, food stamps, and has even let a friend claim them on her tax return. What are my options?

Asked on 5/20/13, 11:07 am

3 Answers from Attorneys

Natalie Hall The Law Office of Natalie D. Hall, P.A.
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If you are not married to the mother and if the court has previously ordered Custody and Visitation then this matter requires you to file a Modification. If custody has never been decided, then you need to file a Petition to Establish a Parenting Plan. If you are married to the Mother this can also be done in the divorce or as an action outside of divorcing your spouse.

A range of issues will need to be examined. The fact that the children have resided with you for two years is a strong factor in your favor but other factors will have to be reviewed. You may need to consult with an attorney for guidance.

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Answered on 5/20/13, 11:23 am
John Smitten Carey and Leisure
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Nothing is automatic, although for sure you will get custody. You still need to file a case with the court to enforce your rights.

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Answered on 5/20/13, 3:20 pm
Thomas Rosenblum Rosenblum Law Offices
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If you need legal representation in No. Fla., I have practiced in the various counties for twenty years. Tom R.

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Answered on 5/21/13, 6:30 am

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