Legal Question in Family Law in Florida

De Facto Guardianship or Custodian

I have 2 young children ages 6 & 8. Their father, passed away a little over 4 years ago. I became engage about 6 months ago to a gentleman I have been in a relationship with for 2.5 years. He is a picture perfect father in every sense of the word. Recently my older daughter fell at school. I could not be reached & they called him. He promptly arrived at the school, signed her out & drove to the emergency room. At the hospital they delayed treatment while they tried to reach me for premission. He had a copy of her insurance card for just such an emergency. My question is, until we are married and go through the leagl process of adoption what kind of paperwork should be drawn up to allow him to make deceisions in an emergency? I've heard 2 different terms: De Facto Guardian and De Facto Custodian. Which one most closely applies (or is better term)? What documentation is required for this? Is there a simple & inexpensive way to accomplish this (money is very tight as we saving for are saving for a wedding)? Does is make a difference that he is the primary bread winner? Does it make a difference that we are equal care-givers? He takes them to & from school 5 days a week. He is the only person they know as a father.

Asked on 2/27/06, 9:01 pm

1 Answer from Attorneys

Thomas Shigo The Shigo Law Firm, P.A.

Re: De Facto Guardianship or Custodian

As the natural parent you can execute a desigantion of healthcare surrogate that names both of you as persons who can make healthcare decisions for the minor.

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Answered on 2/28/06, 9:03 am

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