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:
- State: Florida
Answer:
It is possible that the father may be challenging the guardianship that the mother attempted to create. Normally a guardianship is established by a court, as there are certain protections for the ward/child that must happen.
However, he may be claiming that he retained legal custody of his child all along and that if the other parent is not able to care for the child then he should be awarded sole custody.
It may require the child's mother to object to the hearing or orders being decided in court. Typically, it would take a signed court order to change any current arrangements regarding custody and/or visitation.
In order to change custody in Florida, it is necessary to show that there has been a substantial change in the circumstances that existed at the time of the original custody determination and that the child will suffer a detriment if custody is not changed. The law discourages attempts to alter custodial arrangements once they are set by agreement or court order. Therefore, the law requires the party seeking to change custody to meet an "extraordinary" burden of proof. The courts will not consider facts that existed prior to the original custody determination unless there was some concealment of those facts. Changes in custody are possible and should be considered when there has been a material change in circumstance and it clearly can be shown that the child's well being is, or will be, adversely affected. However, changes such as remarriage, changes in lifestyle, and loss of a job, standing alone, generally will not justify a change.
If you or the child's mother cannot afford an attorney, I would suggest that you contact the local bar association where they maintain lists of attorneys who may work on a pro bono basis.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
