Am I required to allow the father to see my great niece?

Full question:

I have temp guardianship of my 8 yr great niece-her mother signed a form and it was notarized early this year-said child has been with me since end of Dec. I have been contacted by the father who has stated I will be held in contempt if I do not allow him to see her. He filed a motion in another county in Florida requesting sole parental custody. Court has not concluded on the matter as of yet. Am I legally obligated to allow him to see her? I was previously told by the legal dept of DCF (yes, they came to my home) that until I have a court order to relinquish the child to not. (this was in Feb 11) I have consulted with an attorney, but due to not having the funds for a retainer, I have not been advised of anything.

• Category: Divorce
• Subcategory: Child Custody
• Date: 04/07/2025
• State: Florida

Answer:

The father may be challenging the guardianship established by the mother. Typically, guardianship requires a court order, which provides protections for the child. The father might argue he has retained legal custody and is entitled to sole custody if the mother cannot care for the child. The mother may need to object to the father's motion in court.

In Florida, changing custody requires showing a substantial change in circumstances since the original custody decision and demonstrating that the child would suffer harm if custody does not change. The law generally discourages altering custody arrangements without significant justification. The party seeking a change must meet a high burden of proof, and the court will not consider facts known before the original custody determination unless there was concealment of those facts.

If you or the child's mother cannot afford an attorney, consider contacting your local bar association for a list of attorneys who may offer pro bono services. Users can search for state-specific legal templates at .