Searching for statute in Florida

[scott1246]

What is the name of your state?What is the name of your state? Florida

Hello! I just discovered this site so bear with me as I try to see if I can find an answer to what I'm trying to find.

I'm looking for a florida law/statute that states what happens when a custodial parent dies, where does the child go? I don't know if I can be any more specific. Im trying to find it where it states that the surviving natural parent assumes custody of the child in the event the custodial parent dies.

See, my situation is this. I'm divorced from my ex-wife and if I die, I'm wondering if my ex-wife takes 'custody' of my son. If so, where does it show that in the florida laws/statutes?

I told my ex-wife its common sense but she wants to see the 'law or statute' that says that.

Thanks!

 

[sallylindey]

Here is the website to the FL Senate http://www.flsenate.gov/Welcome/index.cfm

If you don't find what you are looking for, try the contact us section.

 

[scott1246]

Florida.

I found that website already but I can't figure out how to narrow down my question. It's a specific law i'm looking for in the statutes. I've already used the 'contact' link there but I don't know if i'm looking under the wrong statute for family law regarding this kind of situation. Anyone have any idea how to search for something like this in the florida statutes?

 

[LdiJ]

Florida.

I found that website already but I can't figure out how to narrow down my question. It's a specific law i'm looking for in the statutes. I've already used the 'contact' link there but I don't know if i'm looking under the wrong statute for family law regarding this kind of situation. Anyone have any idea how to search for something like this in the florida statutes?

I don't know that you are going to find a specific law or statute that states that. It's a basic right under common law and the US constitution that parents have the right to the care and custody of their children. Therefore if there is only one living parent, custody automatically would default to that parent.

 

[scott1246]

Florida

Yes, I'm aware of that, I'm trying to find the specific statute for my ex-wife. She wants to see that even after I explained it's common law like you stated because after all it is common sense. That's why I'm searching for it to point it out to her so she can feel better. I've already asked my attorney for the statute number for reference to provide for my ex-wife as we're negotiating the child support issue. I'm still waiting and it's been a few days. We have a deadline and I'm trying to help us get our issues solved while I'm waiting to hear from my attorney.

 

[styl4u64]

This is an interesting question. And to me it WOULD seem to be
'common sense'
that the biological mother would have first rights to her child unless she was
ruled unfit and was the reason you gained custody of your child to begin with. If certain 'circumstances' were held against the mother
at the time custody was
given to you, and not neglect, abuse or being unfit for the
ruling against her being the CP then I thought the same as you, the
bio-mom
would step up to take custody. I will look this up but in the meanwhile, I hope some 'seasoned' members can help you both.

 

[scott1246]

Thank you. You see where I'm coming from. Acutally the mother signed over custody of my son. Upon final judgment my lawyer noticed the judge didn't write any child support amount in the final judgment and signed it. I was further told I had the right to request child support so we petitioned the court and now my ex-wife realizes she has to pay and says she wants the clause in the agreement that in any event I die, she gets sole and full custody of our son. I've tried for 15 minutes to explain to her that it's common sense and she's worried that my family will fight her. There IS a history of neglect on her part and it is documented although the agency felt it wasn't serious enough to intervene. We've pretty much agreed on an amount for child support but she's being persistant about this matter of the 'clause' so I'm trying to find it to show her.

 

[styl4u64]

Hi "Scott', I'm researching and hoping I can find this along with you and the others. You explained better the situation and I hope I don't sound judgemental, but your ex-wife seems angry about her child support obligations, that's sad! I can't help but think your own attorney should be able to give you a pretty quick answer to the statute you are seeking and if he(she) doesn't answer you very soon, I would be calling random attorneys in your yellow pages. You should find lawyers in family law that can provide you with the information without too much 'extra' information given to them and if your call sounds like a potential (consultation client). You would be surprised the 'free' info you can acquire if you ask direct, but brief questions from lawyers. In the meanwhile, I am looking too, and watch your 'back', the ex seems very concerned at your possible, yet premature passing!!! Still searching, good LUCK!

 

[LdiJ]

Thank you. You see where I'm coming from. Acutally the mother signed over custody of my son. Upon final judgment my lawyer noticed the judge didn't write any child support amount in the final judgment and signed it. I was further told I had the right to request child support so we petitioned the court and now my ex-wife realizes she has to pay and says she wants the clause in the agreement that in any event I die, she gets sole and full custody of our son. I've tried for 15 minutes to explain to her that it's common sense and she's worried that my family will fight her. There IS a history of neglect on her part and it is documented although the agency felt it wasn't serious enough to intervene. We've pretty much agreed on an amount for child support but she's being persistant about this matter of the 'clause' so I'm trying to find it to show her.

Wouldn't it just be a whole lot easier to add the language she wants to the agreement?

 

[stealth2]

That's what I was just thinking, LDi. Why not just add the clause and be done with it?

 

[BlondiePB]

The FL statute is found under guardianship, Chapter 744


744.301 Natural guardians.--

(1) The mother and father jointly are natural guardians of their own children and of their adopted children, during minority. If one parent dies, the natural guardianship shall pass to the surviving parent, and the right shall continue even though the surviving parent remarries. If the marriage between the parents is dissolved, the natural guardianship shall belong to the parent to whom the custody of the child is awarded. If the parents are given joint custody, then both shall continue as natural guardians. If the marriage is dissolved and neither the father nor the mother is given custody of the child, neither shall act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise.

 

[scott1246]

Thank you so much!!!!!!!!! I looked under guardianship and I guess I missed it but thanks!!!!!!!!!!! TO the person that said I should just add it and be done with it: True, but I wanted to leave room for my family in case something is going on with my ex-wife that isn't safe for my son, they could take her to court and fight. I felt if I added that stipulation in the agreement would only make it harder for my family to fight because it would imply that I wanted her to have custody regardless. I wouldn't want the state to get involved as you know the Dept. of children and family down here in Florida is a mess.

thanks everyone for all your help!