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  1. #1
    Join Date
    Jul 2008
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    2

    Question Notorized Legal Guardianship to Custody

    My question involves guardianship in the State of: Florida
    My friend has legal guardianship from a notary republic from a girl who has 6 kids and is now going through a divorce and has had this little girl for over 6 months now....the girls biological mother is filing for divorce and my friend wants to have complete custody of this child that she has grown to love and care for in these past 6 months.
    My question is: Is there anything the biological mother and my friend do to grant custody to my friend before the divorce or does the father have to consent to this even though he hasn't been in her life?
    Please HELP!!!!!!!!!!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Notorized Legal Guardianship to Custody

    You're kidding, right?



    My friend has legal guardianship from a notary republic
    she may have some signed paper but it means nothing. A notary public cannot assign guardianship of a child. The courts are the only entity that can legally assign guardianship.

    the girls biological mother is filing for divorce and my friend wants to have complete custody of this child that she has grown to love and care for in these past 6 months.
    the mother doesn' t want her own child?
    My question is: Is there anything the biological mother and my friend do to grant custody to my friend before the divorce or does the father have to consent to this even though he hasn't been in her life?
    No, none, nada, zip, nothing.

    There is nothing you can do to gain custody of the child. The mother and the father have custody and until a court would remove that right, it is theirs. If mom doesn;t want the child, then dad is the default custodial parent.

    BTW; the father nor the mother can sign away parental rights without the courts allowing it.

  3. #3
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Notorized Legal Guardianship to Custody

    No unfortunately not kidding....I am new to Florida and I do not have kids so sad to say I know nothing about getting permenant custody or what goes in Florida and this is the first time she is dealing with this issue as well. Sorry to sound so ignorant thats why I posted it. The mother has the rest of the kids and the father is trying to get the three oldest but he really has not been there for them and there is so much more to it which includes a bit of abuse.
    My friend is going out of her mind and does not know what she can do at this time. She does not want to send the child back she has been in therapy and is doing so much better and it would be a fall-back for the little girl.

    Sorry again for being ignorant.
    Any advice at all would help. Thank you for your time.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Notorized Legal Guardianship to Custody

    there really is nothing she can do. She has no legal claim to the child. The childs parents are the parents and you cannot simply take somebody's child.

    She has no choice but to send the child back. If she doesn;t, words like kidnapping come to mind.

    If there is abuse, the child protective services should have been called long ago.

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