Q: Hi, Can my boyfriend take my kids away from me? As he has a job and I dont?

A: In Florida, unless you have already been to court the mother starts out with control of the children. It is possible for one parent to go to court to establish or modify timesharing (custody) but the end result will be a schedule of sharing time. It is rare for children to be "taken away" from a parent. Speak with a local family lawyer for more specific advice.

A: Custody and Parental Responsibility in Florida

In Florida, decisions regarding children, including custody (referred to as parental responsibility), are governed by the best interests of the child standard under Florida Statutes § 61.13. This statute outlines the factors courts consider when determining time-sharing and parental responsibility.

Key Points of Analysis:

Parental Rights:

If your boyfriend is not the biological or legal father of your children, he does not have automatic rights to custody or decision-making over them. Only biological parents, legal guardians, or others granted legal standing can seek custody.

Best Interests of the Child:

Courts prioritize the child’s best interests in determining custody arrangements. Factors include:

Stability of the home environment.

Moral fitness of the parties.

Health of the child and the parties involved.

Each parent's capacity to meet the child’s needs.

The child’s established ties to the home, school, and community.

Employment and Financial Status:

While employment and financial stability are relevant, they are not determinative factors in custody decisions. A lack of employment does not automatically disqualify a parent from custody or time-sharing. Courts consider the overall ability to provide a safe and nurturing environment.

Role of Non-Parents:

If your boyfriend is neither a biological nor adoptive parent, he must demonstrate exceptional circumstances (e.g., unfitness of the biological parents) to gain custody. Non-parents can petition for custody under Florida Statutes § 751.05 if the parents are deemed unfit.

Potential Claims of Unfitness:

If your boyfriend attempts to argue that you are unfit (e.g., due to lack of employment), he would need substantial evidence to prove this claim. Being unemployed alone is insufficient to establish unfitness.

Case Law:

Richardson v. Richardson, 900 So. 2d 656 (Fla. 2d DCA 2005): The court emphasized the importance of maintaining stability for the child and the necessity of evaluating all best interest factors comprehensively.

Hunter v. Hunter, 540 So. 2d 235 (Fla. 3d DCA 1989): A parent’s financial situation alone was deemed insufficient to deny custody if the parent demonstrated the ability to care for the child.

Von Eiff v. Azicri, 720 So. 2d 510 (Fla. 1998): Highlighted that non-parents must overcome a high evidentiary burden to prove parental unfitness or extraordinary circumstances.

Conclusion:

If your boyfriend is not the children’s father, he likely has no standing to take custody unless he can prove you are unfit, which is a high burden. Even if he is the father, unemployment alone is not grounds for losing custody. Your ability to care for the children emotionally, physically, and psychologically will carry more weight than your financial situation.

If you fear legal action, consulting a family law attorney is crucial to assess your specific situation and prepare to protect your rights.