Legal Question in Family Law in Florida

Custody of a 9 year old.

My brother wants custody of his daughter. She's 9. Her mom is financially unstable. The grandma of the cihld had her for almost five years and the mom barely came to see her and never gave the grandma a penny of the child support my brother was paying. She took her in January and six months later she called me to tell me she could no longer take care of her child. She signed notarized letters assigning me as guardian for an indefinite time. My question is, how easy would it be for my brother to get custody? We have proof that the mom has not been involved in the childs life for years and recently the last 3 months she's been living with me. The mom decided she wants to take the child back again. She has no job, will be living with someone else other than her ''boyfriend'' and doesnt even have a cell phone. How can this mother be fit to take care of a child? I have also been taking my niece to therapy b/c she's got anger and emotional issues. I know it would be easier for my brother to get custody compared to me...but do we really stand a chance?


Asked on 9/17/08, 8:18 am

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Custody of a 9 year old.

Your brother should talk with a custody attorney about filing a petition for custody with the court.

He should have an appropriate opportunity to present his case. It is impossible to advise on his chances of winning based on a post in the forum.

Tell him to call an attorney right away.

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Answered on 9/17/08, 1:40 pm
David Slater David P. Slater, Esq.

Re: Custody of a 9 year old.

He will have to petion the court, file the appropirate papers, submit his proof and testimony. Good luck.

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Answered on 9/17/08, 5:46 pm


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