March 5, 2008

Kids: Which of us is Guardian?


Whether you are divorced or never married to the other parent, the question often arises: Who is the "guardian" of the kids? Florida law says this:

  • The mother and father jointly are natural guardians of their own children and of their adopted children, until they become adults.
  • If the marriage between the parents is dissolved, the natural guardianship belongs to the parent who has custody of the child by court order.
  • If the parents have joint custody after the divorce, then both continue as natural guardians.
  • If the marriage is dissolved and neither the father nor the mother is given custody of the child, neither is entitled to act as natural guardian of the child.
  • If one parent dies, the surviving parent remains the sole natural guardian even if he or she remarries.
  • If the parents are not married, the mother is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court enters an order stating otherwise.

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