Legal Question in Family Law in Florida

Do I have custody rights without legal papers?

After my younger sister passed away her 4 yrs. old daughter came to live with me and my husband in Tx.;she lived with us for 4 yrs. The biological father was o.k with the arrangement; he was never a part of her life anyway. Last year my health started to decline and my niece went to live with my oldest sister in fla. until I could get back on my feet. Approx. 1 yr. later my sister called and stated my niece stepmother came to take her to the doctor and never returned her. My niece have never met her step- mom and she don't know nor have a relationship with her father. I think my sister got tried of raising her and gave her to the father without my consent and I want her back. I never got any legal papers on my niece when she lived with me the 4 yrs. because her dad didn't want custody; he didn't want her. He never came to visit and he called every blue moon. Since my niece lived with me for 4 yrs. and I did not give my sister permission to give her to her father, could I get her back from the father? Presently her father is in the military and is stationed in VA. and my niece is living with his wife in Fl. Do I have any rights? Since my niece is in Fl. and I live in Tx., which court would I go thru to get her back TX. or FL.?


Asked on 6/01/08, 10:04 pm

4 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Do I have custody rights without legal papers?

Absent some abuse or neglect by the biological father, you can't supercede his rights. It's his call if he wants to leave her with his current wife.

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Answered on 6/01/08, 10:29 pm
Brent Rose The Orsini & Rose Law Firm

Re: Do I have custody rights without legal papers?

Absent some abuse or neglect by the biological father, you can't supercede his rights. It's his call if he wants to leave her with his current wife.

Read more
Answered on 6/01/08, 10:29 pm
Brent Rose The Orsini & Rose Law Firm

Re: Do I have custody rights without legal papers?

Absent some abuse or neglect by the biological father, you can't supercede his rights. It's his call if he wants to leave her with his current wife.

Read more
Answered on 6/01/08, 10:32 pm
Brent Rose The Orsini & Rose Law Firm

Re: Do I have custody rights without legal papers?

Absent some abuse or neglect by the biological father, you can't supercede his rights. It's his call if he wants to leave her with his current wife.

Read more
Answered on 6/01/08, 10:39 pm


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