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I had my daughter in 2002 and I have gone through hard times since she was born. My aunt and uncle have been helping me out w...

I had my daughter in 2002 and I have gone through hard times since she was born. My aunt and uncle have been helping me out w...

Full question:

I had my daughter in 2002 and I have gone through hard times since she was born. My aunt and uncle have been helping me out with her for the last three years. I still have legal custody of my child, but my aunt is now trying to force me to sign over temporary custody of my daughter by telling me that if I do not sign, then she will get a lawyer and take her from me. I do not want to sign over temporary custody to her. What is the first course of action for me in this matter?

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

Answer:

Your aunt will have to petition the circuit court of your county for an order granting her a temporary legal custody relationship between her and your child. If she files such a petition, you must be given notice and you then have the right to answer the petition and give your “side of the story.” You can find access to free or low cost legal aid at the following website:
http://www.womenslaw.org/FL/FL_links.htm#legal

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.

FAQs

How to give custody to a non-custodial parent?

To give custody to a non-custodial parent, you must file a petition in family court. This petition should outline your reasons for the change and include any agreements made with the other parent. The court will review the petition and may schedule a hearing to ensure that the change is in the child's best interest. It's advisable to have legal representation to navigate this process effectively.

Can keeping a child away from the other parent backfire?

Yes, keeping a child away from the other parent can backfire. Courts typically view parental alienation negatively and may see it as not acting in the child's best interest. This can lead to loss of custody or visitation rights. It's essential to maintain a cooperative relationship with the other parent unless there are safety concerns.

What to say to a judge to get custody of your child?

When speaking to a judge about custody, emphasize your child's best interests. Discuss your relationship with the child, your ability to provide a stable environment, and any relevant factors like education and health care. Be honest and respectful, and avoid negative comments about the other parent. Providing evidence of your involvement in the child's life can also strengthen your case.

What not to say during a custody battle?

During a custody battle, avoid making disparaging remarks about the other parent, as this can reflect poorly on you. Don't exaggerate or lie about your circumstances, and refrain from discussing personal grievances that are not relevant to the child's welfare. Focus on your child's needs and your ability to meet them, rather than engaging in conflict.

What to say to a judge to get custody?

To persuade a judge for custody, clearly articulate how your custody arrangement serves the child's best interests. Highlight your involvement in the child's life, your stable living conditions, and your commitment to their well-being. Present any evidence that supports your claims, such as school records or witness statements, and maintain a respectful tone throughout.