Legal Question in Family Law in Florida

Biological aunt seeking custody of a child in a different state

How can biological aunt get custody of her nephew after both parents has lost paternal rights and the child is in a different state?


Asked on 9/20/07, 1:43 pm

2 Answers from Attorneys

Re: Biological aunt seeking custody of a child in a different state

While the State should have been already looking for any relatives to place the children with, you can stii get custody. You must make your presence know to the Court and your interest. Go thru the Clerk's office in the state where this is occurring.

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Answered on 9/20/07, 3:51 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Biological aunt seeking custody of a child in a different state

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The aunt (you?) will have to contact the appropriate agency in the state in question to make her willingness to take custody known. If her background meets with their approval, and no other relative objects, they should agree to let her get custody as they generally seek a relative before looking to non family members as being in the best interests of the child.

Scott R. Jay, Esq.

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Answered on 9/20/07, 7:01 pm


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