Asked in Family Law and Child Custody for Florida

Q: Ok so I was in rehab and appointed my aunt temporary power of attorney over my 3 kids. And right before Christmas

Dropped my oldest daughter off with the biological father without my consent and never picked her up, now here's the thing when I had her. I was married and my husband is on her birth certificate so does the biological father have any rights? I have full custody of my kids I had an original temporary guardianship with the grandparents they have both recently died of covid so DCF told me custody goes back to the biological parents surviving my husband is deceased so that leads me to believe I am in full custody of my kids I need help with this it doesn't allow her to talk to the family or to see any of us she just got dropped off there and left I need to know where I stand on the legal battlefield I haven't signed anything for joint custody or anything like that there has been no court or anything he took her out of county when she was 2 years old and got a DNA test without anybody's permission and he thinks because he has that paperwork that he's in charge now

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

A: As I understand what you have written, the child was born to you while you were married to your late husband. Without your permission, your aunt left the child with her biological father. If he doesn't have a court order determining that he is the father, the law presumes that your daughter's father was your late husband. If so, you have the right to full custody, at least until the biological father goes to court and gets an order giving him legal custody or visitation.

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