Family Law (Divorce, Family Relations)/step parent attaining guardianship


I would like to become a guardian for my step son. My wife has 50/50 time with him so I get to see him quite a lot. His father is decent but does not like that I'm in the picture at all and tries to hinder my activities with him. He does it more out of spite than what is good for his son. I want to be able to sign his medical papers and sign him out of school, etc. I'm worried that her ex might try to take some sort of legal action against us or even try to take my step son away from us due to some sort of infringement I might have committed. What, if anything can I do? I'm pretty sure he won't consent to anything so is that necessary?

Hi Andrew, you unfortunately cannot become the guardian of the child without the Father's consent and unless the Father is will to give up his parental rights and allow you to adopt the child you have no rights to or with the child.

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951  

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Dan Bachert


I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.


Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

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