Who has custody of my niece? 3 Answers as of July 04, 2013My niece's mother passed away almost 10 years ago, she has been living with her father, who has been in and out of jail her whole life, and step mother. Her stepmother has temp custody of her while her father got his life together. Now step mom and father have divorced and step mom wants to keep my niece but she wants to live with her father. Questions are arising as to who has custody of my niece at this time. Step mom says she does but we think she is lying. How can we find out the truth?
Michael D. Fluke, P.A. | Michael D. Fluke
The only way step mom has legal custody is through a court order. If there is a court order, there has to be a record which you may be able to find on line if it was done through the Family Court. If it was done through the Dependency Court, it would not appear online and the Father would need to go to the courthouse and inquire. If the step mom has custody only through a written agreement signed by the father and there was no court order involved, the father has the right to revoke that temporary custody at any time. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida