Legal Question in Family Law in Florida

My ex has custody of my 13 y/o daughter but she hasn't physically lived with him in a year. My daughter has been living with my sister during that year. (He sent her there) My ex won't give my sister guardianship because it's his way of "control". My sister can't take my daughter to the doctor, sign any papers at school etc. How can we get guardianship for my sister? (I can't help her for reasons I don't want to get into right now) We are in Florida. Thank you


Asked on 3/09/17, 3:04 pm

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

You can not do anything. He has custody. You would have to go to court and have him removed as majority time custody of your daughter. Afterwards, then you could send her to your sister.

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Answered on 3/09/17, 3:23 pm
Lucreita Becude Lucreita D. Becude, P.A.

You can not do anything. He has custody. You would have to go to court and have him removed as majority time custody of your daughter. Afterwards, then you could send her to your sister.

Otherwise, your sister could go to court and claim custody of her since she is the care giver for this child. She could also ask for child support. All she needs to do is file for temporary custody based on abandonment.

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Answered on 3/09/17, 3:24 pm
David Slater David P. Slater, Esq.

She would have to petition for guardianship.

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Answered on 3/09/17, 4:03 pm


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