Orlando, FL asked in Family Law for Florida

Q: If the child lives with father and goes to school where father lives. Can the mother just up and take child?

They verbally agreed that she would stay with father. Mother sees child every weekend and lives in a different county. No court orders were ever in place since it was verbally agreed. Child has been living with father for 8 months now, while attending school (vpk- child is 5 yo), without mother. Can she just up and take child due to a minor dispute?

Related Topics:
1 Lawyer Answer

Gregory P. Farrar

Answered

A: The quick answer is yes. The mother is the presumptive custodian of a child born out of wedlock. If the parents are married when the child is born then both parents have the legal right to pick up the child from school. Verbal agreements are not typically enforceable and do not give third parties such as schools any authority to act any differently.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.