Orlando, FL asked in Family Law and Child Custody for Florida

Q: What would happen in the event I was married to my spouse but for whatever reason the certificate wasn't filed?

What if my spouse dies? We've also been granted full custody of our children for almost 3 yrs. Bio mom is deadbeat, hasn't paid child support, has lied to the court, lost custody & deemed unfit due to abuse/ neglect was/ possibly still is addicted to meth. They want to remain in my care with their brother if anything happens to spouse. How can I be sure to make this happen & honor spouses & children's wish.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: If the marriage was performed, but the certificate was not duly filed, you are still married. Whether, in the event your spouse were to die, whether the biological parents could successfully seek custody of the children would depend on the circumstances under which you were granted custody, and the terms of the court order granting you custody.

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