Legal Question in Personal Injury in Florida

Can a non custodial parent sue on behalf of a minor dependent without the primary custodial parents consent?

Asked on 2/02/13, 9:05 am

1 Answer from Attorneys

David Burns David H. Burns, P. A.

Yes, so long as the primary custodial parent does not oppose that arrangement. However, if the primary custodial parent wishes to bring the lawsuit, they would likely have the priority (absent some unusual circumstance). If the primary simply refuses to bring a valid legal claim, then the non-custodial parent could apply to the court to bring the claim on behalf of the minor.

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Answered on 2/04/13, 8:39 am

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