Family Custody Without Father's Consent

by Athena from Port Orange, Florida, Volusia County

Family Custody Without Father's Consent:
My niece wants to give me her daughter. The father has nothing what-so-ever to do with the child. No visits, no calls and of course no child support. Is there any way of doing this without the fathers signature?

If so, what form would need to be filed, so that I gain complete custody of the child?

Answer to Florida Court Forms Child Custody Question

Dear Athena,

It makes a difference whether you want to pursue a family adoption or child custody by an extended family member. Adoption is permanent. Custody is temporary. It is possible to adopt or be granted custody without the father's consent. You don't say whether you know the whereabouts of the father.

And you don't say whether the father was married to your niece. If they were unmarried and he has never asserted his paternal rights, he might not have any paternal rights. Or his actions may constitute child abandonment, and again, his consent may not be required.

Temporary custody by an extended family member falls under Florida Statute 751. The Florida Statutes governing adoption are in Chapter 39. Have a look at our Temporary Custody by Extended Family Members e-book.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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