[FL] How do I obtain guardianship of a minor?

How do I obtain guardianship in Florida?
October 17, 2025 12 3

Full Conversation

How do I obtain guardianship in Florida?

Is this for a minor or an adult?

Minor.

Have you identified a potential guardian?

Yes.

Anything else the lawyer should know?

Yes.

Lori

Hey there! I’m Lori, an attorney. I’m live with you today—what’s your guardianship question?

I live with my girlfriend and our 15-month-old baby. She’s threatening to leave for Argentina on Saturday with the baby, and I want to prevent that. When the baby was born, I signed that I was the father.

Lori

Understood. Here’s what you can do in Florida to prevent international travel with your child:

  1. File an Emergency Motion in Family Court
    1. Ask for an emergency injunction/temporary restraining order to block international travel (Fla. R. Civ. P. 1.610).
    2. The court can prohibit leaving the country until a hearing.
    3. You’ll need to show a credible risk of abduction or harm (Fla. Stat. § 61.45).
  2. Establish Paternity & Custody (if not already finalized)
    1. File a Petition to Establish Paternity and for Related Relief to secure legal rights (time-sharing, parental responsibility).
    2. Courts decide based on the child’s best interests; your involvement matters.
  3. Request Passport Safeguards
    1. If the child has a passport, ask the court to order it surrendered/held.
    2. If no passport, object to issuance; typically both parents must consent.

File in the circuit court (family division) in your county. The clerk can give you the forms.

Thanks.

Lori

I hope that answers your question. Feel free to follow up if you need anything else.

Have a similar question?

Related Questions

[FL] How do I complete a POA for my mom?