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.
0 users found helpful
0 attorneys agreed

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.

Read more
Answered on 5/20/13, 11:23 am
John Smitten Carey and Leisure
0 users found helpful
0 attorneys agreed

Nothing is automatic, although for sure you will get custody. You still need to file a case with the court to enforce your rights.

Read more
Answered on 5/20/13, 3:20 pm
Thomas Rosenblum Rosenblum Law Offices
0 users found helpful
0 attorneys agreed

If you need legal representation in No. Fla., I have practiced in the various counties for twenty years. Tom R.

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

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida

Looking for something else?

Get Free Legal Advice

88413 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Michelle ScopelliteGoldstein & Scopellite, PCTucson, AZ
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now