Legal Question in Family Law in Florida
child custody
My brother had passed away 3 months ago leaving behind 3 children , his ex wife has not been in the picture for about 5-6 yrs no calls, letters ect... we made every effort to contact her and now that he is deceased we were able to do so , she wants custody of the 3 children ages 15,13,11 who do not want to go live with her and do not know her ... they are vey upset and told her they would run away ect..
we want what is best for the children but she did not have any contact with them for the past 5 yrs and claims she has tried .. no effort has been made untill we made contact today , what recorse do we have ???
2 Answers from Attorneys
Re: child custody
You have no recourse and no rights. You have not written anything in your question that would give you superior rights over a natural parent.
Re: child custody
As sad as it is, she now has custody of the kids. In order for you to get the kids, you'd have to prove that she is an unfit mother. Her being gone for five years is a good step towards that, but it usually takes considerably more than five years' absence.
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