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  1. #1
    Join Date
    Dec 2015
    Posts
    15

    Exclamation Would He Still Need to Go to Court

    My question involves a child custody case from the State of: Florida

    My boyfriend has had "temporary full custody" of his 3 y.o. son since April when the mother went into drug rehab(for the 15th time since the child was born). There was a open DCF case on her as well. The judge ordered his child support order be stopped, but his lawyer never turned in the paperwork from the judge he was supposed to, so my boyfriend ended up having to do everything himself. Another court date was in the process of being scheduled for the final custody hearing, but we found out the mother passed away from an overdose this week after being kicked out of rehab. His lawyer said he would still need to go to court for a custody hearing, but if the mother is deceased who would get custody other than her? Why would he need to go to a custody hearing if he is the only living parent?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Would He Still Need to Go to Court

    Probably because the State was involved.

    It's not quite the same as Parent vs. Parent and one dies.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Dec 2015
    Posts
    15

    Default Re: Would He Still Need to Go to Court

    The way his lawyer's assistant told him is once he received temporary full custody that the case shouldn't matter since she no longer had him. But he tried acting as if her mom would have rights to getting custody of him because of her mom was her power of attorney. I think either his lawyer has no idea of what he's doing or he's trying to get more money.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Would He Still Need to Go to Court

    Quote Quoting ASA93
    View Post
    The way his lawyer's assistant told him is once he received temporary full custody that the case shouldn't matter since she no longer had him. But he tried acting as if her mom would have rights to getting custody of him because of her mom was her power of attorney. I think either his lawyer has no idea of what he's doing or he's trying to get more money.
    The lawyer's assistant is actually not quite correct. If the state was involved before Mom died, just because he's the father this does not guarantee him custody and without knowing more details it's actually possible for a third party to obtain custody over his wishes. Likely? No, not likely. But possible? Yes.

    It sounds like neither of you actually have all the information, so my suggestion is that your boyfriend ask his attorney to explain exactly what he (the attorney) means.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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