Legal Question in Family Law in Florida
Child Guardianship
My friend who is dying has asked me to take custody of her 7 year old daughter. The father is dead and her only relatives are my friends' adoptive parents. My friend does not want her family to have the child because she suffered abuse at their hands while growing up and does not want that for her child. What do we need to do to make this a legal arrangement and to protect ourselves from the adoptive parents trying to get the child.
2 Answers from Attorneys
Re: Child Guardianship
A guardianship court proceeding is required.
Re: Child Guardianship
What she can do is have a will drafted in which she appoints you as legal guardian at her death. She can also document the reasons why she doesn't want her parents to have her child. You will eventually have to petition for guardianship. None of this will automatically give you permanent guardianship. That's for a judge to decide. But, this is what CAN be done.