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My childs mother died do i have the right to go get my daughter

Perry, FL |
Filed under: Birth certificate

my childs mother died the other day and now her family has cut off all contact between my daughter and I and are planning to take her out of state to live with her grandmother my question is do I have the right to go pick up my child to live with me now that her mother is gone

Attorney Answers 2


Yes you do. The U.S. Supreme Court and the Florida Supreme Court have said, following the U.S. Constitution, that parents have a fundamental right to parenting. Third parties as grandparents, the government, or anyone else, can only intervene when the safety, welfare, and security of the child are at issue (for instance if there is an allegation that you physically/sexually abused her, etc.).

Obtain a certified copy of her birth certificate showing you are the biological father (you can get it in the Vital Statistics Office for Perry, Fla.) and/or certified copies of any possible existing court orders signed by a judge showing you are her father (for instance, child support court orderes, etc.) You can certified copies of the order at the clerk of court for the circuit court. Then, ask a police officer to escort you (to avoid any problems regarding trespassing, possible words exchanges, etc.), and go get your daughter.

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Suite A
Orlando, Fla. 32804
(407) 649-1404

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5 lawyers agree


Attorney Lopez is right on point with his legal analysis. You should contact a local attorney so he or she can give her a complete legal analysis of your situation.

JMP Law, P.A.
Juna M. Pulayya

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