Found an issue on this page? Let us know and we will look into it as soon as possible.
If i have a notarized paper but no custody order can the father of my kids keep them when he gets them for summer
Anonymous2 views3 answers
father of my 3 sons wants to see the kids for a couple weeks for summer if i get a notarized letter stating facts of when he brining them back and all can he still keep the kids since there is no custody order
This depends upon whether you were married at the time the children were born and whether there is an existing child custody order in place. Either way, the notarized agreement is likely to prove persuasive to a judge in signing an emergency order for their return (in case father does keep them). If that happens, I recommend hiring an attorney.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
A notarized paper has no legal authority what so ever. It is certainly ok to allow the father to see his children this summer without a court order, but he still has no legal rights without an order from a court of a court of competent jurisdiction (Florida Circuit Court).
Under Florida law “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.” Florida Statute §744.301(1)
Based upon this statute, law enforcement should put you back in "custody" of your children should the father refuse to return them to you.
If you don't already have a court order about these issues and you were never married to him, then he has no rights to the children anyway. He can have his rights established by filing a paternity case (or you could file such a case). The result of a paternity case is that you will have a specific time sharing schedule and a child support amount.
